Civil Partnership (Jersey) Law 201-: Amendments to associated legislation

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A decision made on 27 May 2011:

Decision Reference: MD-C-2011-0063
Decision Summary Title :	Request for amendments to UK Immigration and Asylum Acts in relation to the Civil Partnerships (Jersey) Law 201-.		Date of Decision Summary:	19th May 2011
Decision Summary Author:	Project & Research Officer		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Request for amendments to UK Immigration and Asylum Acts in relation to the Civil Partnerships (Jersey) Law 201-.		Date of Written Report:	18th May 2011
Written Report Author:	Senior Legal Advisor, Law Officers’ Department		Written Report : Public or Exempt?	Public
Subject: Request for amendments to UK Immigration and Asylum Acts in relation to the Civil Partnerships (Jersey) Law 201-.
Decision(s): The Chief Minister agreed to lodge au Greffe for States debate a report and proposition requesting amendments to various UK Immigration and Asylum Acts in relation to the introduction of the Civil Partnerships (Jersey) Law 201-.
Reason(s) for Decision: In order to enact a Civil Partnership (Jersey) Law in Jersey, consequential amendments need to be made to the Immigration and Asylum Acts as they extend to Jersey under the following Orders in Council: the Immigration (Jersey) Order 1993, the Asylum and Immigration Act 1996 (Jersey) Order 1998, and the Immigration and Asylum Act 1999 (Jersey) Order 2003 These amendments will provide for civil partners, so far as is possible, to be treated in the same way as married couples.
Resource Implications: There are no financial and manpower implications.
Action required: The Chief Minister to lodge au Greffe the report and proposition to Request amendments to UK Immigration and Asylum Acts in relation to the Civil Partnerships (Jersey) Law 201- before 6th June.
Signature:		Position: Senator T.A. Le Sueur, Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):

Civil Partnership (Jersey) Law 201-: Amendments to associated legislation

STATES OF JERSEY

REQUEST FOR AMENDMENTS TO UK IMMIGRATION AND ASYLUM ACTS IN RELATION TO THE CIVIL PARTNERSHIPS (JERSEY) LAW 201-

Lodged au Greffe on XXXX 2011
by the Chief Minister

STATES GREFFE

PROPOSITION

THE STATES are asked to decide whether they are of opinion

to signify, pursuant to Article 31(1)(b)(i) of the States of Jersey Law 2005,that they agree that a request be made to Her Majesty in Council for the making of an Order in Council pursuant to section 36 of the Immigration Act 1971, section 13(5) of the Asylum and Immigration Act 1996 and section 170(7) of the Immigration and Asylum Act 1999, varying as necessary the provisions of each of those Acts as presently extended consequentially upon the provisions of the Civil Partnership (Jersey) Law 201- and as summarised in the report of the Chief Minister appended hereto.

CHIEF MINISTER

REPORT

The Immigration Act 1971, the Asylum and Immigration Act 1996 and the Immigration and Asylum Act 1999 have effect in Jersey by virtue (respectively) of the following Orders in Council –

the Immigration (Jersey) Order 1993,
the Asylum and Immigration Act 1996 (Jersey) Order 1998, and
the Immigration and Asylum Act 1999 (Jersey) Order 2003.

The power to extend the provisions of each of these Acts includes a power to extend such provisions subject to such modifications as may appear to be appropriate to Her Majesty.

The Civil Partnership Act 2004 of the United Kingdom made several amendments to the Immigration Acts that were consequential upon the institution of civil partnership in that country. Now that it is sought to enact a Civil Partnership (Jersey) Law, a similar need arises for consequential amendments to be made to the Immigration and Asylum Acts as they extend to Jersey under the Orders in Council referred to above. But it is not possible, of course, for legislation enacted by the States to effect consequential amendments to United Kingdom legislation extended by Order in Council. This can only be done by a further Order in Council.

The provisions of the Immigration Acts concerned appear to be as follows:

1. Section 5 of the Immigration Act 1971

Section 5 was extended to Jersey by the Immigration (Jersey) Order 1993 and amended in its application to Jersey by the Asylum and Immigration Act 1996 (Jersey) Order 1998. It is concerned with procedures on deportation. Section 5(4) as presently extended provides that, for purposes of deportation the following are regarded as belonging to another person’s family –

(a) where the other person is a man, his wife and his or her children under 18; and

(b) where that other person is a woman, her husband and her or his children under 18.

In the context of civil partnership, it becomes necessary to make reference in section 5(4) to a civil partner as well as to a wife or husband.

2. Section 141 of the Immigration and Asylum Act 1999

Section 141 was extended to Jersey by the Immigration (Jersey) Order 1993. It is concerned with fingerprinting. Section 141(14) defines a ‘dependant’ for certain purposes as a person’s spouse. It becomes necessary to make reference also to a person’s civil partner.

It is thought that these are the only provisions for the time being that require modification consequentially upon the institution in Jersey of a régime of civil partnership, but it is possible that the Law Officers’ Department in consultation with legal advisers in the United Kingdom, may identify further such provisions. To the extent that they do, this Proposition seeks to enable not only the provisions described above to be extended, but such other provisions as are advised by the Jersey Law Officers to be necessarily incidental to the provisions contained in the Civil Partnerships (Jersey) Law 201-.

There are no manpower or financial implications to this proposition