Civil Partnership (Forms, Registration and Fees) (Jersey) Order 201-

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 20 March 2012:

Decision Reference: MD-HA-2012-0027
Decision Summary Title :	Civil Partnership (Forms, Registration and Fees) (Jersey) Order 201-		Date of Decision Summary:	15 March 2012
Decision Summary Author:	Executive Officer Home Affairs		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Civil Partnership (Forms, Registration and Fees) (Jersey) Order 201-		Date of Written Report:	15 March 2012
Written Report Author:	Law Draftsman’s Office		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Civil Partnership (Forms, Registration and Fees) (Jersey) Order 201-
Decision(s): The Minister made the Civil Partnership (Forms, Registration and Fees) (Jersey) Order 201-
Reason(s) for Decision: The Civil Partnership (Jersey) Law 2012 is due to come into force on 2 April 2012 and will enable same sex couples to enter into civil partnerships. This Order prescribes the forms that must be used in relation to the formation of a civil partnership; sets out the relevant fees and sets out the manner in which civil partnership documents and returns are to be prepared and made, the form in which registers must be maintained and the manner in which any corrections to registers must be recorded.
Resource Implications: All parishes will need to purchase a civil partnership register. The Superintendent Registrar has been able to source a smaller, less expensive register than is currently used for marriages. These are likely to cost less than £100.
Action required: The Executive Officer, Home Affairs, to inform the Publications Editor at the States Greffe that the Order has been made and to request the Greffier of the States to arrange for the making of the Order to be notified to the States.
Signature:		Position: Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed):

Civil Partnership (Forms, Registration and Fees) (Jersey) Order 201-

Jersey Crest

Civil Partnership (Forms, Registration and Fees) (Jersey) Order 201-

Explanatory Note

This Order prescribes the forms that must be used for purposes connected with the formation of a civil partnership.

It sets out the manner in which the civil partnership documents and returns are to be prepared and made, the form in which registers must be maintained and the manner in which any corrections to registers must be recorded.

Finally, it sets out the fees that apply in respect of the giving of notice of a civil partnership, the issuing of a licence or certificate for civil partnership, the solemnization of a civil partnership and the searching of a book, register or index.

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Civil Partnership (Forms, Registration and Fees) (Jersey) Order 201-

Arrangement

Jersey Crest

Civil Partnership (Forms, Registration and Fees) (Jersey) Order 201-

Arrangement

Article

1 Interpretation

2 Forms for registration of civil partnership

3 Preparation of documents for recording and making returns of civil partnerships

4 Completion of civil partnership records and returns

5 Registration of civil partnership

6 Quarterly returns of civil partnerships to Superintendent Registrar

7 Keeping of civil partnership register books and other documents

8 Correction of error in register

9 Specifications for registers

10 Fees

11 Citation and commencement

SCHEDULE 1

PART 1

NOTICE OF CIVIL PARTNERSHIP

PART 2

DECLARATION MADE UNDER ARTICLE 7(5)(b)OF The Law

PART 3

LICENCE for civil partnership

PART 4

CERTIFICATE FOR REGISTRATION OF CIVIL PARTNERSHIP OUTSIDE JERSEY

CIVIL PARTNERSHIP REGISTRATION document

PART 2

ENTRY IN CIVIL PARTNERSHIP REGISTER BOOK

SCHEDULE 3

FEES payable under the Law

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Civil Partnership (Forms, Registration and Fees) (Jersey) Order 201-

Article 6

Jersey Crest

Civil Partnership (Forms, Registration and Fees) (Jersey) Order 201-

Made [date to be inserted]

Coming into force [date to be inserted]

THE MINISTER FOR HOME AFFAIRS, in pursuance of Articles 3(3), 3(6), 7(3), 7(5), 9(1), 9(3), 12(1), 12(3), 14(6), 15(2), 18(1), 18(2), 21(1), 21, 22(3), 25 and 72 of the Civil Partnership (Jersey) Law 201-, orders as follows –

1 Interpretation

In this Order “Law” means the Civil Partnership (Jersey) Law 2012.

2 Forms for registration of civil partnership

(1) Notice of civil partnership shall be in the form set out in Part 1 of Schedule 1 and contain the particulars there referred to.

(2) A declaration required under Article 7(5)(b) of the Law in respect of a proposed civil partnership to which paragraph 3 or 5 of Schedule 2 to the Law applies shall be in the form set out in Part 2 of Schedule 1 and attested in the manner there specified.

(3) A licence shall be in the form set out in Part 3 of Schedule 1 and contain the particulars there referred to.

(4) A certificate for the registration of a civil partnership outside Jersey issued under Article 12 of the Law shall be in the form set out in Part 4 of Schedule 1 and contain the particulars there referred to.

(5) A medical statement required under Article 15(2) of the Law in respect of the civil partnership of an incapacitated person at the place where the person is shall be in the form set out in Part 5 of Schedule 1.

3 Preparation of documents for recording and making returns of civil partnerships

The registrar of a parish, upon the presentation to the registrar of a valid licence for the formation of a civil partnership in that parish, shall –

(a) enter the particulars of the proposed civil partners in 3 civil partnership registration documents, in identical manner, in the form set out in Part 1 of Schedule 2; and

(b) make those documents available to the civil partnership registrar for the purposes of recording the civil partnership and making a return to the Superintendent Registrar.

4 Completion of civil partnership records and returns

(1) A civil partnership registrar shall, immediately after solemnizing a civil partnership, complete the 3 civil partnership registration documents, provided to him or her by the registrar under Article 3, in identical manner, and containing the particulars referred to in Part 2 of Schedule 2.

(2) Each of the 3 civil partnership registration documents shall be signed by the civil partnership registrar, the parties to the civil partnership and 2 witnesses.

(3) The civil partnership registrar shall –

(a) give one of the completed civil partnership registration documents to the parties to the civil partnership; and

(b) within the period of 72 hours following the solemnization of the civil partnership –

(i) in the case where the civil partnership was solemnized on approved premises, deliver 1 of the civil partnership registration documents to the proprietor or trustee of those premises, and

(ii) in every case, deliver 1 of the civil partnership registration documents to the registrar of the parish in which the civil partnership was solemnized.

5 Registration of civil partnership

(1) A registrar required by Article 18(2) of the Law to register the particulars of a civil partnership shall, as soon as is practicable, enter in the civil partnership register book held by the registrar, in the form set out Part 2 of Schedule 2, the particulars of the civil partnership contained in the civil partnership registration document delivered to the registrar under Article 4.

(2) Every entry made in a civil partnership register book shall be in consecutive date order from the beginning to the end of the book.

6 Quarterly returns of civil partnerships to Superintendent Registrar

(1) At the end of each quarter, each registrar shall deliver to the Superintendent Registrar one of the civil partnership registration documents completed in accordance with Article 4 in respect of each civil partnership formed during that quarter in the civil partnership register book kept by the registrar or, if no civil partnership has been so entered during that quarter, a certificate of that fact under the registrar’s hand in such form as the Superintendent Registrar may prescribe.

(2) The Superintendent Registrar shall –

(a) keep and, so often as may be necessary, have bound the copies delivered to the Superintendent Registrar under paragraph (1); and

(b) have indexes made thereto which shall be kept in the Superintendent Registrar’s office.

7 Keeping of civil partnership register books and other documents

Any person who, by virtue of the person’s office, is required by this Order to keep civil partnership register books or other documents shall, on ceasing to hold office, deliver up such books and documents to the person’s successor.

8 Correction of error in register

(1) Upon the Minister or the Inferior Number of the Royal Court granting permission for the correction of an error other than a clerical error in any book or register kept under the Law, the Superintendent Registrar shall make the correction in the margin of both the original entry and the copy kept under this Order and there enter the date the permission is granted, the date the correction is made and the Superintendent Registrar’s signature.

(2) Upon being notified of a clerical error, the Superintendent Registrar shall make the correction in the margin of both the original entry and the copy kept under this Order and there enter the date the correction is made and the Superintendent Registrar’s signature.

9 Specifications for registers

Registers provided under Article 17 of the Law must conform to the following specifications –

(a) they shall be of durable material;

(b) the heads of information required to be known and registered in relation to civil partnerships shall be printed on each side of every page of the book or register;

(c) every page of the book or register and every place of entry in it shall be numbered progressively from the beginning to the end, beginning with the number one; and

(d) every entry shall be divided from the following entry by a printed line.

10 Fees

Schedule 3 shall have effect to set the fees payable under the provisions of the Law there mentioned.

11 Citation and commencement

This Order may be cited as the Civil Partnership (Forms, Registration and Fees) (Jersey) Order 201- and shall come into force on 2nd April 2012.

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Civil Partnership (Forms, Registration and Fees) (Jersey) Order 201-

SCHEDULE 3

SCHEDULE 1

(Article 2)

FORMS FOR REGISTRATION OF CIVIL PARTNERSHIP

PART 1

(Article 2(1))

NOTICE OF CIVIL PARTNERSHIP

PART 2

(Article 2(2))

DECLARATION MADE UNDER ARTICLE 7(5)(b)OF The Law

DECLARATION to accompany notice of CIVIL PARTNERSHIP where the relationship of the parties to the intended civil partnership falls within the bounds of paragraph 3 or 5 of Schedule 2 to the Civil Partnership (Jersey) Law 2012

I ........................................................

SOLEMNLY DECLARE THAT THERE IS NO IMPEDIMENT ON THE

GROUNDS OF THERE EXISTING A PROHIBITED DEGREE OF

RELATIONSHIP TO MY ENTERING INTO A CIVIL PARTNERSHIP WITH

.........................................................

AND ALTHOUGH WE ARE RELATED IN THAT

.........................................................

THE RELATIONSHIP BETWEEN US HAS AT NO TIME BEEN SUCH THAT

.........................................................

WAS A CHILD OF THE FAMILY IN RELATION TO ...................

.........................................................

This ……………………………………… day of …………………………… 20…..

Signature

Before me

...........................

Superintendent Registrar

PART 3

(Article 2(3))

LICENCE for civil partnership

PART 4

(Article 2(4))

CERTIFICATE FOR REGISTRATION OF CIVIL PARTNERSHIP OUTSIDE JERSEY

PART 5

(Article 2(5))

MEDICAL STATEMENT

Statement to be made by a Registered Medical Practitioner

Pursuant to Article 15(2) of the Civil Partnership (Jersey) Law 2012

I certify that ................................................

who intends to enter into civil partnership with..........................

.........................................................

is in my opinion unable, by reason of illness/disability, to be moved from

.........................................................

for the purpose of entering into that civil partnership and by reason of that incapacity will not be fit enough to be moved from the above place within three months of this date.

This …………………………………………. day of ………………………… 20..…

Signed........................

Name and Qualifications........................

SCHEDULE 2

(Article 4(1) and 6(1))

REGISTRATION OF CIVIL PARTNERSHIP

PART 1

(Article 4(1))

CIVIL PARTNERSHIP REGISTRATION document

PART 2

(Articles 6(1) and 7(1))

ENTRY IN CIVIL PARTNERSHIP REGISTER BOOK

SCHEDULE 3

(Article 9)

FEES payable under the Law

Provision of Law	Description	Amount
Article 7(3)(c)	Fee on giving notice of civil partnership –
	(a) where one or both of the persons entering into the civil partnership is ordinarily resident in Jersey	£60
	(b) where neither of the persons intending to enter into the civil partnership is ordinarily resident in Jersey	£160
Article 9(1)	Fee for issue of Superintendent Registrar’s licence	£60
Article 12(1)	Fee for issue of Superintendent Registrar’s certificate for solemnization of civil partnership outside Jersey	£60
Article 14(6)	(a) Fee for the use of the Superintendent Registrar’s premises for solemnization of civil partnership	£60
	(b) fee for solemnization of civil partnership by the Superintendent Registrar at his or her premises –
	(i) between the hours of 8 a.m. and 4 p.m.	£60
	(ii) between the hours of 4 p.m. and 7 p.m.	£80
	(c) fee for solemnization of civil partnership by the Superintendent Registrar’s delegate at the Superintendent Registrar’s premises –
	(i) between the hours of 8 a.m. and 4 p.m.	£70
	(ii) between the hours of 4 p.m. and 7 p.m.	£90
	(d) fee for solemnization of civil partnership by Superintendent Registrar or the Superintendent Registrar’s delegate at any other approved premises –
	(i) between the hours of 8 a.m. and 4 p.m.	£70
	(ii) between the hours of 4 p.m. and 7 p.m.	£90
Article 21(2)(b)	Fee for a copy of an entry in a book or register certified by a registrar or the Superintendent Registrar	£20
Article 21(2)(a)	Fee for search of indexes maintained by the Superintendent Registrar	£20 per hour or part of an hour

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Civil Partnership (Forms, Registration and Fees) (Jersey) Order 201-

Endnotes

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