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Marriage and Civil Status (Forms, Registration and Fees) Order: Proposed Amendments

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 13 March 2012:

Decision Reference: MD-HA-2012-0022

Decision Summary Title :

Amendments to the details of procedures involved in arranging and celebrating a wedding

Date of Decision Summary:

8 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 :

Amendments to the details of procedures involved in arranging and celebrating a wedding

Date of Written Report:

28 February 2012

Written Report Author:

Superintendent Registrar

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Amendments to the details of procedures involved in arranging and celebrating a wedding.

Decision(s): The Minister approved the proposed amendments to the custom and practice of the Office of the Superintendent Registrar, as detailed in the accompanying report.

Reason(s) for Decision: The amendments will modernise practice in the Office of the Superintendent Registrar when arranging weddings.

  • It is desirable to standardise the words used under both the Civil Partnership (Jersey) Law 2012 and the Marriage and Civil Status (Jersey) Law 2001 to describe people and their condition or status
  • As a woman never loses her maiden surname in Jersey, it is appropriate that if a divorced or widowed woman is seeking to remarry or enter into a civil partnership, she should be able to be named, in documents used by the Register Office, with her maiden surname if that is the name that she chooses to use
  • Although the Law states that a couple should sign the marriage documents, couples are required to write their full names clearly thereon.  An amendment to the Marriage and Civil Status (Forms, Registration and Fees) Order would add the words ‘sign and print name’ to ensure that couples sign the documents.

Resource Implications: There are no resource implications arising from this decision.

Action required: The Superintendent Registrar to implement the changes to custom and practice and to liaise with the Law Draftsman’s Office over changes to the Civil Status (Forms, Registration and Fees) Order.

Signature:

 

Position:

Minister for Home Affairs

Date Signed:

 

Date of Decision (If different from Date Signed):

 

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