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Gender Recognition (Approved Jurisdictions) (Jersey) Law 2010

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 11 May 2010 regarding: Gender Recognition (Approved Jurisdictions) (Jersey) Law 2010.

Decision Reference:  MD-C-2010-0038

Decision Summary Title :

Gender Recognition (Approved Jurisdictions) (Jersey) Orders 2010

Date of Decision Summary:

23 April 2010

Decision Summary Author:

Policy and Research Officer

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 :

Gender Recognition (Approved Jurisdictions) (Jersey) Law 2010

Date of Written Report:

23 April 2010

Written Report Author:

Policy and Research Officer

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:  Gender Recognition (Approved Jurisdictions) (Jersey) Order 2010

Decision(s):  The Chief Minister made the Gender Recognition (Approved Jurisdictions) (Jersey) Order 2010.

Reason(s) for Decision: The Chief Minister, in pursuance of Articles 1(1) and 20 of the Gender Recognition (Jersey) Law 2010, made the Order for Approved Jurisdictions. 

“Approved Jurisdiction” is defined in Article 1(1) of the Law as meaning “any country or territory that is prescribed”. The approved jurisdictions are to be prescribed by Order.  

Pursuant to Article 2(1) of the Law only a person of full age who has changed gender in accordance with the law of an approved jurisdiction may apply to the Royal Court for a gender recognition certificate. Applicants under Article 2(1) of the Law are required by Article 2(2) to provide evidence that they have changed gender in accordance with the law of an approved jurisdiction.  

It is expected that an applicant under the Law is likely to have been through the UK process of gender recognition first and therefore the court will be presented with a UK gender recognition certificate issued pursuant to that process as evidence that such an applicant has changed gender in accordance with the law of an approved jurisdiction. However, the other jurisdictions have been listed so that a person may also apply for a Jersey gender recognition certificate where they can provide evidence that they have changed gender in accordance with the law of one of those other jurisdictions.

Resource Implications:  There are no financial or manpower implications arising from this Order.

Action required: The Chief Minister should sign and seal the attached Gender Recognition (Approved Jurisdictions) (Jersey) Order 2010. 

The Chief Minister’s Department shall –  

(1)     inform the Greffier of the States and the Law Draftsman immediately when the Order is made;

(2)     deliver the signed and sealed Order to the Publications Editor, States Greffe, for notification to the States.

Signature:

Position:  Senator T.A. Le Sueur, Chief Minister 

Date Signed: 

Date of Decision (If different from Date Signed):

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