A Guide to Legalisation, Apostilles, and Notarial Procedures
If you look closely at the bottom of a document issued by the General Register Office (GRO) such as a birth, marriage, or death certificate you will see a statement declaring it subject to Crown Copyright.
This copyright legally prohibits copying or scanning the document. Consequently, photocopies or digital scans cannot be submitted to the Foreign, Commonwealth & Development Office (FCDO) for an apostille; only original, paper versions are eligible.
Which Documents Are Affected?
Crown Copyright applies retrospectively to older documents and covers a wide range of official papers, including:
- GRO Documents: Birth, marriage, death, and adoption certificates.
- Certificates of No Impediment: These may not explicitly state they are subject to Crown Copyright, but they feature a GRO reference number and are treated the same.
- DBS Certificates: Basic or enhanced Disclosure & Barring Service documents.
- ACRO Certificates: Police certificates.
Because scanning is legally considered making a copy, e-apostilles cannot be issued for any of these documents. They require traditional paper apostilles.
The Practical Dilemma for Notaries and Clients
Many people are unaware of these restrictions and mistakenly photocopy official documents, sometimes including them as evidence within an affidavit bundle. For an apostille to be attached, these photocopies must be removed and replaced with originals.
This creates confusion because some government departments, such as HM Land Registry, explicitly instruct clients to provide photocopies because they do not return original documents. This leaves notaries in the difficult position of enforcing strict copyright rules that other government bodies seemingly bypass.
The “Certified Copy” Confusion
Unlike many overseas jurisdictions where official certificates can be legally photocopied and certified, the UK operates differently.
Modern GRO documents are titled “Certified Copy of an Entry.” This phrasing often confuses clients. It simply means the General Register Office retains the original master ledger, and the document issued to you is an official, legal copy. The FCDO and foreign recipients treat this specific version as an “original” document for legalisation purposes.
Tip: If you need an original version for legalisation, replacement GRO certificates can be ordered relatively cheaply (starting at £11.00) from the central GRO or the local council where the event was registered.
Legalisation Routes: DBS vs. ACRO
The process for getting an apostille varies depending on the document type:
| Document Type | Requirement before FCDO | Apostille Destination |
|---|---|---|
| DBS Certificates | Must be notarised or certified by a solicitor first. | Issued against the notary’s or solicitor’s signature. |
| ACRO Certificates | No prior certification required (contains official signature). | Issued directly onto the document. |
Handling Foreign Translations
When sending these documents abroad, a certified translation is usually required. Translators must navigate Crown Copyright carefully:
- They cannot photocopy the original document to include in their final package, nor can they reproduce official government logos.
- Instead, they will place a placeholder (e.g., writing [Logo]) where the image would be.
- The translation must be bound together with the actual original document.
Example: Documents for Italy
A UK birth certificate must receive an apostille directly on the original document. Both the certificate and the apostille are then translated. The original certificate, the translation, and the translator’s certification are bound together and can be notarised (in both English and Italian). Finally, a second apostille can be attached to the notary’s certificate.
