Marriage and Civil Status
(Jersey) Order 2018
THE MINISTER FOR HOME AFFAIRS, in pursuance of Articles 6,
8, 10, 15, 16, 18, 19, 21, 22, 23, 24, 24A, 24B, 24C, 24G, 28,
47, 49, 50, 52, 57, 58, 59, 60, 61, 68, 69, 70, 73, 74, 78, 79, 80C, 82, 82A
and Schedule 2A of the Marriage and Civil Status (Jersey) Law 2001, orders as follows –
Commencement [see endnotes]
PART 1
PRELIMINARY
1 Interpretation
(1) In this Order, unless
the context otherwise requires –
“administering authority” means a person that manages or
is responsible for a location;
“annual fee” means –
(a) in
the case of an authorized civil celebrant, the fee referred to in Article 11(1)(b);
or
(b) in
the case of an authorized religious official, the fee referred to in Article 11(2)(b);
“applicant” means –
(a) in
the case of an application for authorization as an authorized civil celebrant,
an individual who makes an application under Article 3;
(b) in
the case of an application for authorization of a religious official, the
religious official who is required to be authorized as an authorized religious
official; or
(c) in
the case of an application for approval of a location for a marriage to be
solemnized, the person who makes an application under Article 15;
“informant” has the same meaning as in Part 5 of
the Law;
“land” includes land covered with water;
“Law” means the Marriage and Civil Status
(Jersey) Law 2001;
“person organizing the solemnization of a marriage”
includes –
(a) a
party to the marriage; and
(b) a
person contracted by the parties to the marriage for the purpose of organizing
the marriage celebration;
“relevant authority” means an authority that is
responsible for issuing a licence or other permission required in relation to
the use of a location;
“responsible person” means –
(a) a
person organizing the solemnization of a marriage; or
(b) the proprietor, trustee, managing agent or administering authority
of a location;
“stillbirth” has the same meaning as in Part 5 of
the Law.
(2) Unless the context
otherwise requires, a reference in this Order to a birth means the birth of a
child born alive.
PART 2
SCHEME FOR AUTHORIZATION OF PERSONS as
authorized civil celebrants or authorized religious officials
2 Authorized
persons scheme
The scheme prescribed under Article 6(3) of the Law for the
authorization by the Superintendent Registrar of persons as authorized civil
celebrants or authorized religious officials is as set out in this Part.
3 Application,
authorization, registration and renewal process – authorized civil
celebrant
(1) An individual who
wishes to be authorized as an authorized civil celebrant shall apply to the
Superintendent Registrar for such authorization.
(2) An application under
paragraph (1) shall –
(a) be in
the form approved by the Superintendent Registrar;
(b) include
any qualifications held by the applicant that are relevant to the work of an
authorized civil celebrant; and
(c) be
accompanied by such information or documents as the Superintendent Registrar or
Minister may require.
(3) The Superintendent
Registrar may invite an applicant to an interview.
(4) The interview referred
to in paragraph (3) shall be in such form as the Superintendent Registrar
shall determine and the Superintendent Registrar may, as he or she deems
necessary –
(a) invite
any other person to sit on an interview panel; and
(b) request
from any other person information relating to the application for authorization
of a person as an authorized civil celebrant.
(5) The Superintendent
Registrar may invite an applicant to participate in a training and assessment
process approved by the Superintendent Registrar.
(6) An applicant shall
demonstrate to the Superintendent Registrar that the applicant meets the
requirements that, subject to paragraph (7), have been published by the
Superintendent Registrar, and the Superintendent Registrar –
(a) may,
if the applicant meets those requirements, authorize the applicant as an
authorized civil celebrant; or
(b) shall,
if the applicant fails to meet those requirements, refuse to authorize the
applicant as an authorized civil celebrant.
(7) The requirements
referred to in paragraph (6) must be approved by the Minister before being
published and may include the following requirements –
(a) the personal
specification required;
(b) the
skills and experience required;
(c) information
required to be supplied to demonstrate that the applicant is a fit and proper
person; and
(d) any
other requirement as the Superintendent Registrar or Minister deems
appropriate.
(8) The Superintendent
Registrar shall give notice in writing to an applicant of the Superintendent
Registrar’s decision under paragraph (6) and –
(a) in
the case of an authorization under paragraph (6)(a) –
(i) the applicant
shall, after payment of the fee referred to in Article 11(1)(a), take the
oath referred to in Article 6(5) of the Law, and
(ii) after
the oath is taken by the applicant in accordance with clause (i), the
Superintendent Registrar shall, on payment by the applicant of the annual fee,
or the pro-rated portion of that annual fee, as the case may be, for the year
in which the authorization is granted –
(A) enter the
authorized civil celebrant’s details in the register of authorized civil
celebrants; and
(B) issue
a certificate of authorization to the authorized civil celebrant; or
(b) in
the case of a refusal under paragraph (6)(b), the Superintendent Registrar
shall give notice to the applicant of the grounds of the refusal and the
applicant’s right to a review of that decision by the Minister under Article 10.
(9) Where after a period of
3 months from the date of an application under paragraph (1) being
made, the Superintendent has not notified the applicant of his or her authorization
or has not notified the applicant that his or her application has been refused,
the Superintendent Registrar is deemed to have decided on the last day of the
period of 3 months to refuse to authorize that person as an authorized
civil celebrant.
(10) An authorized civil celebrant
may, before the expiry of his or her authorization as an authorized civil
celebrant, make an application in the form approved by the Superintendent
Registrar for the renewal of the authorization.
(11) Paragraphs (2), (3),
(4), (5), (6), (7), and (9) shall apply as if an application for renewal under paragraph (10)
is an application for the grant of an authorization of a under paragraph (1).
(12) Upon renewal of an
authorization under this Article, an authorized civil celebrant is not required
to re-take the oath referred to in Article 6(5) of the Law.
4 Application,
authorization and registration process – authorized religious
official
(1) A religious
organization that wishes an official of that religious organization to be
authorized as an authorized religious official shall apply to the
Superintendent Registrar for such authorization.
(2) An application under
paragraph (1) shall be –
(a) subject
to paragraph (3), in the form approved by the Superintendent Registrar;
and
(b) accompanied
by such information or documents as the Superintendent Registrar may require.
(3) An application under paragraph (1)
shall specify –
(a) whether
the governing authority of the religious organization consents to its religious
officials solemnizing same sex marriage;
(b) whether
the applicant consents to the solemnization of same sex marriages by the
applicant;
(c) the
denomination, if applicable, of the religious organization; and
(d) the
locations approved by the religious organization in which the applicant may
solemnize marriage according to the rites and usages of the religious
organization.
(4) The Superintendent
Registrar may invite an applicant to an interview.
(5) The interview referred
to in paragraph (4) shall be in such form as the Superintendent Registrar
shall determine and the Superintendent Registrar may, as he or she deems
necessary –
(a) invite
any other person to sit on an interview panel; and
(b) request
information from any other person relating to the application for renewal of
the authorization of a person as an authorized religious official.
(6) The Superintendent
Registrar may invite an applicant to participate in a training and assessment
process approved by the Superintendent Registrar.
(7) An applicant shall demonstrate
to the Superintendent Registrar that the applicant meets the requirements that,
subject to paragraph (8), have been published by the Superintendent
Registrar, and the Superintendent Registrar –
(a) may, if
the applicant meets those requirements, authorize the applicant as an
authorized religious official; or
(b) shall,
if the applicant fails to meet those requirements, refuse to authorize the
applicant as an authorized religious official.
(8) The requirements
referred to in paragraph (7) must be approved by the Minister before being
published and may include the following requirements –
(a) the
personal specification required;
(b) the
skills and experience required;
(c) information
to demonstrate that the applicant is a fit and proper person; and
(d) any
other requirement as the Superintendent Registrar or Minister deems
appropriate.
(9) The Superintendent
Registrar shall give notice in writing to an applicant of the Superintendent
Registrar’s decision under paragraph (7) and –
(a) in
the case of an authorization under paragraph (7)(a), the Superintendent
Registrar shall, on payment by the applicant of –
(i) the fee referred
to in Article 11(2)(a), and
(ii) the
annual fee or the pro-rated portion of that annual fee, as the case may be, for
the year in which the authorization is granted,
enter the authorized religious official’s details in the register of authorized religious officials and issue a certificate
of authorization to the applicant; or
(b) in
the case of a refusal under paragraph (7)(b), the Superintendent Registrar
shall give notice to the individual of the grounds of refusal and the
applicant’s right to a review of that decision by the Minister under
Article 10.
(10) Where after a period of
3 months of an application under paragraph (1) being made, the
Superintendent Registrar has not notified the applicant of his or her
authorization or has not notified the applicant that his or her application has
been refused, the Superintendent Registrar is deemed to have decided on the
last day of the period of 3 months to refuse to authorize the applicant as
an authorized religious official.
5 Duration
of authorization – civil celebrant
An authorization of an individual as an authorized civil celebrant
shall be for a period of 5 years from the date of the authorization,
subject to suspension of the authorization under Articles 8 and 9 or revocation
of the authorization under Article 8.
6 Duration
of authorization – religious official
An authorization of an individual as an authorized religious
official shall be of unlimited duration subject to suspension of the
authorization under Articles 8 and 9 or revocation of the
authorization under Article 8.
7 Conditions
to be imposed on authorization – authorized civil celebrant[1]
(1) The
authorization of an individual as an authorized civil celebrant is subject
to –
(a) the
conditions set out in paragraph (2);
(b) the
standard conditions set out in Article 20;
(c) any
other conditions imposed under the Law.
(2) The
conditions are –
(a) if an
authorized civil celebrant is the marriage celebrant for the solemnization of a
marriage or the civil partnership celebrant for the solemnization of a civil
partnership, the authorized civil celebrant must –
(i) be available at
the location at which the solemnization of the marriage or the civil
partnership is to take place from at least one hour immediately before the
marriage ceremony or civil partnership ceremony, and
(ii) be
in attendance throughout the marriage ceremony or civil partnership ceremony;
(b) an authorized
civil celebrant must publish the fees chargeable by the authorized civil
celebrant in respect of the solemnization of a marriage or a civil partnership;
(c) an authorized
civil celebrant must –
(i) agree in writing
with the parties to the marriage or the civil partnership the form and content
of the civil marriage ceremony or civil partnership ceremony,
(ii) in
the case of a marriage, ensure that the form and content comply with
Article 17 of the Law, or
(iii) in
the case of a civil partnership, ensure that the form and content comply with
Article 14 of the Civil Partnership Law;
(d) an authorized
civil celebrant must, where necessary, seek advice from the Superintendent
Registrar on any matter in relation to the solemnization of marriages or civil
partnerships;
(e) an authorized
civil celebrant must, if required by the Superintendent Registrar, undertake
training approved by the Superintendent Registrar to ensure that marriages are solemnized
in compliance with the Law and that civil partnerships are solemnized in
accordance with the Civil Partnership Law;
(f) an
authorized civil celebrant must notify the Superintendent Registrar in writing
within 30 days of –
(i) any change of
circumstances that results in the details entered in the register of authorized
civil celebrants in relation to the person no longer being correct, or
(ii) the
occurrence of an event that might have caused the Superintendent Registrar not
to authorize the person as an authorized civil celebrant if the event had
occurred before the person was registered as such.
(3) In
this Article, “Civil Partnership Law” means the Civil Partnership (Jersey) Law 2012.
7A Conditions
to be imposed on authorization – authorized religious official[2]
(1) The
authorization of an individual as an authorized religious official is subject
to –
(a) the
conditions set out in paragraph (2);
(b) the
standard conditions set out in Article 20;
(c) any
other conditions imposed under the Law.
(2) The
conditions are –
(a) if an
authorized religious official is the marriage celebrant for the solemnization
of a marriage, the authorized religious official must –
(i) be available at
the location at which the solemnization of the marriage is to take place from
at least one hour immediately before the marriage ceremony, and
(ii) be
in attendance throughout the marriage ceremony;
(b) an authorized
religious official must publish the fees chargeable by the authorized religious
official in respect of the solemnization of a marriage;
(c) an authorized
religious official must, if required by the Superintendent Registrar, undertake
training approved by the Superintendent Registrar to ensure that marriages are solemnized
in compliance with the Law;
(d) an authorized
religious official must notify the Superintendent Registrar in writing within
30 days of –
(i) any change of
circumstances that results in the details entered in the register of authorized
religious officials in relation to the person no longer being correct, or
(ii) the
occurrence of an event that might have caused the Superintendent Registrar not
to authorize the person as an authorized religious official if the event had
occurred before the person was registered as such.
8 Inspection
and investigation
(1) The
Superintendent Registrar may, for the purpose of monitoring an authorized civil
celebrant or authorized religious official under Article 6(3)(e) of the
Law, carry out an inspection in respect of the performance of the functions of
an authorized civil celebrant or authorized religious official.
(2) Subject to paragraph (3),
the Superintendent Registrar shall inform the authorized civil celebrant or
authorized religious official in advance and in writing of the inspection
process and the date on which the inspection under paragraph (1) is to
take place.
(3) The Superintendent
Registrar shall not be required to give advance notice to the authorized civil
celebrant or authorized religious official if the Superintendent Registrar is
responding to a complaint made against the authorized civil celebrant or
authorized religious official, as the case may be, but shall inform the authorized
civil celebrant or authorized religious official, in writing at the earliest
opportunity, of the inspection process and the date on which the inspection took
place or is to take place.
(4) The Superintendent
Registrar shall investigate any matter concerning an authorized civil celebrant
or authorized religious official where the Superintendent
Registrar –
(a) has
been informed or has reason to be believe that any condition of authorization
has not been complied with by the authorized civil celebrant or authorized
religious official;
(b) has
reason to believe that the authorized civil celebrant or authorized religious
official no longer meets the requirements for authorization as an authorized
civil celebrant or authorized religious official, as the case may be;
(c) has
reason to believe that the authorized civil celebrant’s or authorized
religious official’s application for authorization was false or
misleading in a material respect;
(d) has
imposed requirements on the authorized civil celebrant or authorized religious
official as a result of a previous investigation and the Superintendent
Registrar has reason to believe that the authorized civil celebrant or
authorized religious official has failed to comply with any of those
requirements;
(e) has
reason to believe that the authorized civil celebrant or authorized religious
official is –
(i) incapacitated by
illness, or
(ii) otherwise
unable or unfit to discharge the functions of an authorized civil celebrant or
authorized religious official, as the case may be.
(5) Where an investigation
relates to –
(a) an
authorized civil celebrant, the Superintendent Registrar may, in carrying out
the investigation, consult such persons or bodies as the Superintendent
Registrar deems necessary; or
(b) an
authorized religious official, the Superintendent Registrar shall, in carrying
out the investigation, consult the appropriate religious organization.
(6) The Superintendent
Registrar may request from an authorized civil celebrant or authorized
religious official or any other person any information that the Superintendent
Registrar requires to undertake an investigation.
(7) After carrying out an
investigation under this Article, if the Superintendent Registrar is satisfied
that there are no grounds to take action, the Superintendent Registrar may
decide not to take any action and shall give notice of that decision in writing
to the following persons, as the case may be –
(a) the
authorized civil celebrant and such persons or bodies as the Superintendent Registrar
deems necessary; or
(b) an
authorized religious official and the appropriate religious organization.
(8) After carrying out an
investigation under this Article, the Superintendent Registrar may, if the
Superintendent Registrar is satisfied that there are grounds to take action,
propose to take any of the following actions, as the Superintendent Registrar
thinks necessary –
(a) in
accordance with Article 9, suspend the authorization of the person as an
authorized civil celebrant or authorized religious official pending further
investigation;
(b) subject
to paragraph (13), revoke the authorization and remove the authorized
civil celebrant or authorized religious official from the register of
authorized civil celebrants or register of authorized religious officials;
(c) issue
a formal warning to the authorized civil celebrant or authorized religious
official, in writing, setting out concerns and remedial actions that must be
taken; or
(d) require
the authorized civil celebrant or authorized religious official to participate
in training or ongoing supervision.
(9) The Superintendent
Registrar shall give notice, in writing, to the authorized civil celebrant or authorized
religious official of –
(a) the proposal
under paragraph (8) and the reason for the proposal; and
(b) the
right of the authorized civil celebrant or authorized religious official under
paragraph (10)(b) to make representations to the Superintendent Registrar
regarding any proposed action under paragraph (8).
(10) The authorized civil
celebrant or authorized religious official may, within 21 days after a
notice is given under paragraph (9) –
(a) agree
to the proposed action to be taken under paragraph (8); or
(b) make
representation to the Superintendent Registrar to satisfy the Superintendent
Registrar that there are insufficient grounds for taking the proposed action under
paragraph (8).
(11) The Superintendent Registrar shall
consider any representations made before the end of the 21 days’ period
referred to in paragraph (10) by the authorized civil celebrant, authorized
religious official, a person or body that is given notice of the decision under
paragraph (7)(a) or a religious organization to which the authorized
religious official belongs.
(12) After considering any
representations made under paragraph (11), the Superintendent Registrar
shall –
(a) make
a decision to take the proposed action to take the proposed action or to not
take the proposed action under paragraph (8) within 14 days after the
end of the 21 days’ period referred to in paragraph (10); and
(b) give
notice of the decision and the reason for the decision to –
(i) the authorized
civil celebrant or authorized religious official, and
(ii) any
person or body that is given notice of the decision under paragraph (7)(a)
or the religious organization to which the authorized religious official
belongs, as the case may be;
(c) give
notice to the authorized civil celebrant or authorized religious official of
his or her right to a review of the Superintendent Registrar’s decision
by the Minister under Article 10.
(13) Where the findings of the
investigation are such that the Superintendent Registrar deems it necessary to
revoke the authorization of an authorized civil celebrant or authorized
religious official with immediate effect, the Superintendent Registrar
shall –
(a) revoke
that authorization; and
(b) give
notice of the decision to revoke the authorization to –
(i) the authorized
civil celebrant or authorized religious official, as the case may be, and
(ii) any
person or body to whom notice of the decision was given under paragraph (7)(a)
or religious organization that makes a representation under paragraph (11);
and
(c) give
notice to the authorized civil celebrant or authorized religious official of
his or her right to a review of the Superintendent Registrar’s decision
by the Minister under Article 10.
9 Suspension
(1) The Superintendent
Registrar –
(a) may
suspend the authorization of a person as an authorized civil celebrant or
authorized religious official –
(i) whilst an
investigation by the Superintendent Registrar is being carried out under Article 8,
or
(ii) 14 days
after the date on which an annual fee was due, if the authorized civil celebrant
or authorized religious official has failed to pay the annual fee; and
(b) shall,
if the authorization is suspended under sub-paragraph (a), annotate the
register of authorized civil celebrants or register of authorized religious
officials, as the case may be, to include a statement that the authorization
has been suspended and the date of commencement of the period of suspension.
(2) The Superintendent
Registrar may continue a suspension under paragraph (1) during a review by
the Minister under Article 10.
(3) If an authorization is
suspended under paragraph (1), the authorized civil celebrant or
authorized religious official shall inform the Superintendent Registrar in
writing of any marriage that the authorized civil celebrant or authorized
religious official is currently booked to solemnize, where the parties to the
marriage have not already applied to give notice to marry, and the authorized
civil celebrant or authorized religious official shall not take any bookings during
the period of suspension.
(4) If an authorization is
suspended under paragraph (1), the authorized civil celebrant or
authorized religious official shall not –
(a) during
the period of suspension be required to pay any annual fee that is due; and
(b) be
removed from the register for failure to pay any annual fee that is due.
(5) At the end of the
period of a suspension under paragraph (1) –
(a) if
the authorization is revoked, the amount of any annual fee paid shall not be
refunded; and
(b) if
the authorization is not revoked, the authorized civil celebrant or authorized
religious official shall be refunded the pro-rated amount of any annual fee
paid during the period of the suspension.
(6) During a period of
suspension under paragraph (1), where there is proof that the authorized
civil celebrant or authorized religious official, as the case may be, has
already contracted with the parties to the marriage –
(a) the
authorized civil celebrant or authorized religious official may solemnize the
marriage –
(i) with the approval
of the Superintendent Registrar after consultation with the parties to the
marriage, and
(ii) provided
that the Superintendent Registrar or a person authorized by the Superintendent
Registrar is in attendance at the solemnization of the marriage; or
(b) in
the case of an authorized civil celebrant, the marriage may be solemnized by
the Superintendent Registrar or a Deputy Superintendent Registrar.
(7) If the Superintendent
Registrar receives an application to give notice of intention to marry naming a
person whose authorization as an authorized civil celebrant or authorized
religious official has been suspended under this Article, the Superintendent
Registrar shall inform parties to the marriage of that suspension.
10 Review
by Minister
(1) A
person aggrieved by a decision of the Superintendent Registrar under Article 3(6)(b)
or (9), 4(7)(b), 4(7)(b) or (10), 8(12) or (13) or 9(1), may request a review
of that decision by the Minister.
(2) A request for a review
of a decision of the Superintendent Registrar under this Article must be made
in writing submitted to the Minister within 28 days after the decision is
made by the Superintendent Registrar under Article 3(6)(b) or (9), 4(7)(b)
or (10), 8(12) or 8(13) or 9(1) and must state the grounds for the review of
the decision.
(3) In reviewing the
decision of the Superintendent Registrar, the Minister may –
(a) request
and receive submissions from any person as the Minister thinks necessary; or
(b) request
a suitably qualified independent person to investigate, in the event that the
Minister believes there are compelling grounds to do so, in order to assist the
Minister with his or her review.
(4) Upon review of the
decision of the Superintendent Registrar, the Minister may –
(a) uphold
the decision; or
(b) overturn
the decision of the Superintendent Registrar.
(5) The Minister shall, in
writing, notify the person who requested the review and the Superintendent
Registrar of the Minister’s decision under paragraph (4).
(6) The Minister’s
decision under paragraph (4) is final.
11 Fees[3]
(1) An
authorized civil celebrant must pay the Superintendent Registrar the following
fees for the grant or renewal of authorization –
(a) the
fee specified in item 1 in the table in Part 2 of Schedule 1
before the authorized civil celebrant takes the oath referred to in
Article 6(5) of the Law; and
(b) the
annual fee specified in item 2 in that table during the period of
authorization.
(2) An
authorized religious official must pay the Superintendent Registrar the
following fees for the grant or renewal of an authorization –
(a) the
fee specified in item 3 in the table in Part 2 of Schedule 1
before the Superintendent Registrar enters the details of the authorization in
the register of authorized religious officials; and
(b) the
annual fee specified in item 4 in that table during the period of
authorization.
(3) The
annual fees payable under this Article are due by 5th January in each year
for that year and where an authorized civil celebrant or authorized religious
official is first authorized after 5th January in any year, the annual fee
is pro-rated.
PART 3
SCHEME FOR APPROVAL OF LOCATION FOR SOLEMNIZATION
OF MARRIAGE
12 Scheme
for approval of location
The scheme for the approval by the approving authority of any
location for the purposes of solemnizing marriages at that location shall be as
set out in this Part.
13 Kinds
of location
(1) The kinds of locations
in respect of which approvals may be granted under this Part include the
following –
(a) an open-air
location;
(b) a
location that is movable property on the condition that the location remains
static during the period commencing at least one hour before the solemnization
of the marriage and ending at the end of the marriage ceremony;
(c) a
location that is a fixed structure;
(d) a
whole location or part of a location (whether joined or separate); and
(e) any
combination of paragraphs (a), (b), (c) and (d).[4]
(2) Where a location forms
part of a building or part of a larger location, the part of the building or
location may be approved for the solemnization of –
(a) civil
and religious marriages; or
(b) religious
marriages only, where the part of the building or location is certified by the
Minister as a usual place of public religious worship.
(3) A location for a
marriage may be situated in one or more parishes.
14 Type
of approval
An approval under this Part may be for the solemnization
of –
(a) a specified religious
marriage at a location for which the approval is given for religious marriages
only in accordance with Article 23(4)(a) of the Law;
(b) religious marriages
generally at a location for which approval is given for religious marriages
only in accordance with Article 23(4)(a) of the Law;
(c) a specified civil or
religious marriage at a location for which approval is given for any marriage
to be solemnized in accordance with Article 23(4)(b) of the Law; or
(d) civil or religious marriages
generally at that location for which approval is given for any marriage to be
solemnized in accordance with Article 24(4)(b) of the Law.
15 Application
for approval of location
(1) An application for
approval of a location for the solemnization of marriage may be made to an
approving authority by –
(a) a
proprietor, trustee or managing agent of a location;
(b) a
relevant authority;
(c) an
administering authority; or
(d) any
other person.
(2) An application under
paragraph (1) shall –
(a) be
submitted to the Superintendent Registrar;
(b) be in
the form approved by the Superintendent Registrar;
(c) include
the following information –
(i) the type of
approval required under Article 14,
(ii) the
name and address of the person making the application,
(iii) the
name and address of the person who is the responsible person in relation to the
location,
(iv) the
capacity in which the applicant is making the application,
(v) the name and full physical
address and postal address (if different) of the location including a location
plan (if any) for that location, and if it is an open-air location,
(vi) such
other information as the Superintendent Registrar deems necessary, and
(vii) such other
information as the approving authority may reasonably require to determine the
application; and
(d) be
accompanied by the appropriate fee specified in item 5 or 6 in the table
in Part 2 of Schedule 1 in respect of that application.[5]
(3) For the purpose of
determining an application made under paragraph (1), an approving
authority may do any of the following –
(a) visit
a location to inspect it for the purpose of ascertaining whether it is suitable
for upholding the dignity and solemnity of marriage or request an appropriate
representative of the approving authority to do so;
(b) consult
with any other person or relevant authority as the approving authority
considers necessary.
16 Grant
or refusal and renewal of approval
(1) In determining an
application under Article 15, the approving authority shall consider any
representations that the approving authority receives prior to the
determination of the application.
(2) The approving
authority, after considering any representations under paragraph (1) –
(a) may,
subject to paragraph (2), grant approval of a location for the
solemnization of marriage in accordance with Article 14 if the approving
authority is satisfied that –
(i) the application
under Article 15 has been made in accordance with the Law, this Order and
any guidance published by the Superintendent Registrar under Article 80D
of the Law,
(ii) in
the opinion of the approving authority, the location is suitable for upholding
the dignity and solemnity of marriage, having regard to the primary use of the
location,
(iii) the
location can be reasonably found and accessed by the public during the period
commencing at least one hour before the solemnization of the marriage and
ending at the end of the marriage ceremony, and
(iv) any
conditions imposed under the Law, paragraph (6) or any other provision of
this Order or by the approving authority, to ensure that the dignity and
solemnity of marriage is upheld, can be reasonably complied with by a person
organizing the solemnization of a marriage; or
(b) shall
refuse to grant approval of a location for the solemnization of marriage if not
satisfied of the matters specified in sub-paragraph (a).
(3) In the case of an application
under Article 15 for the grant of approval of a location for the
solemnization of a specified marriage in accordance with Article 14(a) or
(c), the approving authority may, after consultation with the proprietor,
trustee or managing agent of the location –
(a) grant
approval of the location for the solemnization of such specified marriage; or
(b) grant
approval of the location for the solemnization of marriages generally in
accordance with Article 14(1)(b) or (d), as the case may be.
(4) The approving authority
shall, as soon as is practicable after an application for approval of a
location for the solemnization of marriage is determined, give notice in
writing to the applicant and to the Superintendent Registrar of –
(a) the
approving authority’s decision to grant or refuse the approval;
(b) in
the case of a refusal to grant the approval, the reason for that decision;
(c) in
the case of a grant of approval, any conditions imposed under the Law,
paragraph (6), any other provision of this Order or by the approving
authority;
(d) the
applicant’s right under Article 24 to a review by the Minister
against the approving authority’s decision.
(5) The approving authority
shall also give notice in writing of the information referred to in paragraph (3)
to the following persons if they are not the applicant –
(a) the
proprietor, trustee or managing agent of the location;
(b) the
relevant authority;
(c) an
administering authority;
(d) any
other person who objected to the application; and
(e) any
person or authority with whom the approving authority consulted as part of the
determination process.
(6) The following are
conditions of approval in respect of an approved location –
(a) an approved location must be available at
all reasonable times for inspection by the approving authority; and
(b) an
approved location (including an approved location for a specified marriage)
must be accessible by the public during the period
commencing at least one hour before the solemnization of the marriage and
ending at the end of the marriage ceremony.
(7) The approving authority
may refund the fee payable under Article 15(2)(d) –
(a) if an
application is made for approval of a location for the solemnization of a
specified marriage and a general approval of a location for the solemnization
of any marriage is granted under paragraph (2)(a);
(b) if
the approving authority refuses an application for approval of a location for
the solemnization of marriage under paragraph (2)(b); or
(c) if
the application for approval of a location is for a specified marriage and the
specified marriage did not take place at the location at the date for which the
approval was given.
(8) Subject to paragraph (9)
and (10), an approving authority may renew an approval of a location for the
solemnization of marriage –
(a) on
application by the proprietor, trustee or managing agent of a location, a
relevant authority, an administering authority or any other person; or
(b) if no
application is received but the approving authority is satisfied that it is
reasonable to do so because it is in the public interest.
(9) The approving
authority –
(a) shall
consult with the proprietor, trustee or managing agent of the location or the
relevant authority or administering authority; and
(b) may
do any of the things set out in Article 15(3),
before renewing an approval of a location for the solemnization of
marriage.
(10) An application for renewal
under paragraph (8)(a) must be accompanied by the fee specified in item 7
in the table in Part 2 of Schedule 1, except that the approving
authority may waive such fee if the approving authority is satisfied that it is
reasonable to do so because it is in the public interest.[6]
17 Register
of approved locations
(1) The register of
approved locations must be endorsed to specify the type of approval under
Article 14 that is granted in respect of the location.
(2) Where an approved
location is approved only for the solemnization of religious marriages, the
register of approved locations must be endorsed to specify whether or not that
includes same sex marriages and, if such marriages are included, the details of
the governing authority of the religious organization that consented to same sex
marriage at that location.
(3) The register of
approved locations must contain, and be endorsed to state, in relation to each
location the following particulars –
(a) the
name and full postal address (if any) of the location and a location plan for
the approved location (if any);
(aa) if the approved
location is an open-air location;
(b) description
of boundaries of the approved location;
(c) the
name and contact details of the responsible person;
(d) the
date on which the approval was given;
(e) the date
of expiry of the approval;
(f) details
of any special conditions imposed under Article 21;
(g) all
relevant contact details to support parties to a marriage to organize their
marriage celebration including the name of proprietors, trustees or managing
agent of the approved location;
(h) in
the case of an approved location for a specified marriage location, the date of
the marriage and the names of the parties to the marriage;
(i) any
changes to the approval of the location or the conditions of approval;
(j) where
approval has been revoked, the date and reason for the revocation; and
(k) any
other information as the Minister may require.[7]
18 Duration
of approval
(1) An approval of a
location for the solemnization of marriage shall –
(a) in
the case of an approved location for the solemnization of a specified marriage
referred to in Article 14(a) or (c), be valid only for the period
commencing one hour before the marriage ceremony and ending at the end of the
marriage ceremony, subject to the revocation of the approval under Article 23;
or
(b) in
the case of an approved location for the solemnization of a marriage referred
to in Article 14(b) or (d), be valid for a period of 3 years, subject
to the revocation of the approval under Article 23.
(2) Without prejudice to
any condition as to notification of the change of ownership of an approved
location imposed under the Law or this Order or by an approving authority, an
approval shall remain valid despite a change of ownership of the approved
location.
19 Responsible
person
(1) The responsible person
shall be the point of contact –
(a) between
the approving authority and the Superintendent Registrar in respect of all matters relating to the approval,
registration and use of the approved location for the solemnization of marriage; and
(b) with
the public with regard
to dealing with enquiries about the approved location in relation to its use
for the solemnization of marriage.
(2) The responsible person shall
immediately notify the Superintendent Registrar of any change to any of the
following, either during the application and approval process or after the approval,
and registration under Article 17, of the location –
(a) the
layout of the location;
(b) the
use of the approved location;
(c) the
name and full postal address, if any, of the approved location;
(d) the
description of the room, if any, in the approved location in which marriages
are to be solemnized;
(e) the
name, address and position of the responsible person.
(3) After
registration of a location as an approved location, the responsible person shall
be responsible for –
(a) ensuring
that any special conditions under
Article 21 imposed by the approving authority are complied
with;
(b) notifying
the Superintendent Registrar of potential breaches of the standard conditions
imposed under Article 20 and the duties
imposed on a marriage celebrant under this Order or the Law;
(c) ensuring
compliance with any special conditions that the responsible person has agreed
with the person organizing the marriage that the
responsible person will be responsible for with regard to the solemnization of marriages at the
approved location;
(d) notifying
the Superintendent
Registrar of any changes to the approved location which would amount to it
becoming or ceasing to be an open-air location.[8]
20 Standard
conditions
(1) On
the day of the solemnization of a marriage or civil
partnership, the marriage celebrant or civil partnership celebrant shall
be responsible for ensuring that the standard conditions set out in paragraph (2)
are complied with.[9]
(2) The following are the
standard conditions referred to in paragraph (1) –
(a) food
or drink must not be consumed at the approved location in which the
solemnization of a marriage or civil partnership is to take place during the period commencing one hour before the
marriage ceremony or civil partnership ceremony and ending at the end of the marriage
ceremony or civil partnership ceremony, except where –
(i) it is reasonable
for the marriage celebrant or civil partnership celebrant to permit such food
or drink to be consumed for health, safety or welfare reasons,
(ii) in
the case of an open-air location it would be unreasonable for the marriage
celebrant or civil partnership celebrant to prevent such consumption,
(iii) in
the case of a marriage ceremony or civil partnership ceremony taking place in
an open-air location, but not in a temporary structure in that location, it
would be unreasonable for the marriage celebrant or civil partnership celebrant
to prevent such consumption;
(b) the
marriage ceremony or civil partnership ceremony takes place within the boundaries of the approved location set
out in the approval and as stated in the register;
(c) the place
in the approved location at which a marriage or civil partnership is solemnized
is separate from any other part of the approved location at which other
activities unrelated to the marriage ceremony or civil partnership ceremony are
taking place at the same time that the marriage ceremony or civil partnership
ceremony is taking place; and
(d) details
of the solemnization of a marriage or civil partnership (including the name of
the parties to the marriage or civil partnership, the time at which the
marriage ceremony or civil partnership ceremony is to take place, the name of
the marriage celebrant or civil partnership celebrant and the place in the
approved location at which the marriage ceremony or civil partnership ceremony is
to take place) must be displayed –
(i) at each public
entrance to the approved location at which the marriage ceremony or civil
partnership ceremony is to take place at least one hour immediately before the commencement
of the marriage ceremony or civil partnership ceremony and throughout that
marriage ceremony, or
(ii) in
the case of an open-air location, at such place on or in the vicinity of that
location that would reasonably be expected to bring such matters to the
attention of the public;
(e) the
public must be able to gain access to the location in which a marriage ceremony
or civil partnership ceremony is to take place, and any temporary structure in
that location, without charge.[10]
20A [11]
21 Special
conditions
(1) The approving authority
may, in accordance with paragraph (3), impose any special conditions that
the approving authority believes are required to ensure that an approved location
is, and remains, suitable for upholding the dignity and solemnity of marriage.
(2) The
responsible person (or in his or her absence, the person organizing a marriage
ceremony) shall ensure that any special conditions imposed by the approving
authority under paragraph (1) are complied with.
(3) The special conditions
that may be imposed under paragraph (1) may relate to any of the
following –
(a) placing
restrictions on the days of the year, days of the week or times of a day that a
marriage may be solemnized at an approved location;
(b) placing
restrictions on marriages being solemnized at an approved location in the event
that the approved location or its surrounding land or premises is being used
for other purposes at the time of the marriage ceremony;
(c) imposing
requirements in relation to the erection of barriers or notices and use of
semi-permanent structures or features; or
(d) any
other requirements relating specifically to upholding the dignity and solemnity
of marriage.
(4) Where
a special condition is imposed under paragraph (3)(a), the Superintendent
Registrar shall not issue a marriage schedule or conversion
schedule permitting a marriage to be solemnized during days
of the year, days of the week or times of a day that are restricted under that
special condition.[12]
22 Amendments
to approval
(1) The approving authority
may amend any approval of a location for the solemnization of marriages on the
application of –
(a) the
proprietor, trustee, managing agent or administering authority of an approved
location;
(b) the
Superintendent Registrar or a relevant authority, where the Superintendent
Registrar or relevant authority, as the case may be, believes there are
reasonable grounds to request the amendment in order to ensure that the dignity
and solemnity of marriage is upheld.
(2) An application for an
amendment under paragraph (1)(a) must be accompanied by the fee specified in
item 8 in the table in Part 2 of Schedule 1, except that the
approving authority may waive such fee if the approving authority is satisfied
that it is reasonable to do so because it is in the public interest.[13]
23 Revocation
of approval
(1) An approving authority
may revoke an approval of a location for the solemnization of marriage
if –
(a) any standard conditions under Article 20(2) are not complied with;
(b) any special conditions imposed by the approving authority under Article 21 are not complied with;
(c) the location has been altered or its use has changed to an extent that, in
the view of the approving authority, the location is no longer suitable for upholding the dignity and
solemnity of marriage;
(d) the relevant authority informs the approving authority that the relevant authority will not issue any licence or other permission required in relation to that location;
(e) the proprietor or trustee, managing agent or administering authority of the location
has requested the approving authority in writing to revoke the approval; or
(f) there has been any breach of the Law or any
other enactment relating to marriages
at that location.
(2) The approving authority
shall, before revoking an approval of a location for the solemnization of a
marriage –
(a) consult
with the Superintendent Registrar, the Minister and any other authority or person that
approving authority deems it appropriate to consult;
and
(b) deliver
notification of the approving authority’s intention to revoke the approval, to the proprietor, trustee or managing agent of the location, any administering authority or any relevant authority and provide those persons with not less than 21 days to make a written representation in
relation to the proposed revocation.
(3) Where the proprietor or
trustee of an approved location, any administering authority or any relevant
authority, has requested the revocation of the approval of the location and
there is no other person that the approving authority believes should be consulted,
the approving authority may revoke the approval without allowing the 21 days’
period for representations to be made under paragraph (2)(b).
(4) The approving authority
shall, in making a decision as to whether to revoke the approval of a location
for the solemnization of a marriage, take into account any representations
received from the proprietor, trustee, or managing agent of the approved
location, any administering authority or any relevant authority within the
21 days’ period for representations to be made under paragraph (2)(b).
(5) Subject to paragraph (6),
the approving authority may, after the 21 days’ period for
representations to be made under paragraph (2)(b), revoke approval of a
location for the solemnization of a marriage with immediate effect or after a
period of notice, depending on the circumstances of the case.
(6) The approving authority
may, where the Superintendent Registrar has issued a notice of intended marriage
at a location for which approval is being revoked under this
Article –
(a) revoke
approval of the location with immediate effect; or
(b) revoke
approval of the location, except in relation to that intended marriage and impose special conditions to ensure that the dignity and solemnity of that marriage is upheld.
(7) The approving authority
shall give notice, in writing, of –
(a) a
decision under this Article to revoke an approval of a location for the
solemnization of marriage to the proprietor, trustee, or managing agent of the
approved location, any administering authority or any relevant authority and to
the Superintendent Registrar; and
(b) the right
under Article 24 to a review by the Minister against the approving
authority’s decision to revoke the approval of the approval of the
location as an approved location.
24 Review
of decision of approving authority
(1) Subject to paragraph (2),
any person aggrieved by a decision of an approving authority to –
(a) grant
or refuse to grant an approval of a location for the solemnization of marriage
under Article 16(1);
(b) to
impose special conditions on the grant of approval of a location for the
solemnization of marriage under Article 21; or
(c) to
amend an approval of a location for the solemnization of marriage under Article 22;
or
(d) revoke
an approval of a location for the solemnization of marriage under Article 23,
may apply to the Minister for a review of that decision.
(2) An application for a
review under paragraph (1) must be made in writing within 28 days of
the decision being made.
(3) On receipt of an
application for a review, the Minister –
(a) shall
give notice to the approving authority of the review and the approving
authority’s right to make representations to the Minister;
(b) may
consult with any other person as the Minister deems necessary, including the
Superintendent Registrar;
(c) may
visit and inspect the location for the purpose of determining whether the
location is suitable for upholding the dignity and solemnity of marriage; and
(d) with
the permission of the owner or occupier of a location that is adjacent to a
location in respect of which an application for approval for the solemnization
of marriage is made, may, at any reasonable time, visit and inspect the
adjacent location for the purpose of determining whether that adjacent location
would in any way impact on the dignity and solemnity of any marriage that is
solemnized at the location in respect of which the application for a review of
the approving authority’s decision is made.
(4) The Minister may, on
reviewing the decision of the approving authority –
(a) uphold
the approving authority’s decision;
(b) overturn
the decision of the approving authority; or
(c) substitute
a different decision for the approving authority’s decision; or
(d) impose,
amend, or remove any special conditions imposed by the approving authority.
(5) The Minister shall, in
writing, inform the following persons of the Minister’s decision under
paragraph (4) –
(a) the
applicant for the review of the approving authority’s decision;
(b) the
approving authority; and
(c) any
person with whom the Minister consulted during the review process.
(6) The Minister’s
decision under paragraph (4) is final.
PART 3A[14]
PART 4
CERTIFICATION OF A LOCATION AS A PLACE OF PUBLIC RELIGIOUS WORSHIP
25 Form
of application
(1) An application for
certification of a location as a usual place of public religious worship of a
religious organization shall include the following certificates and
statements –
(a) a
certificate from the proprietor or trustee of the location and from the
religious organization that –
(i) the location is a
usual place of public religious worship for that religious organization, and
(ii) the
door of the place of religious worship is open to public, if there is a door
or, if there is no door, the public are not excluded from the location during
the religious worship of that religious organization;
(b) a
statement as to whether, in the event of the Minister certifying the location
as being a usual place of public religious worship, the proprietor or trustee
of the location and the religious organization consents to the location being
approved by the approving authority for the solemnization of religious
marriages and, if so, whether the consent includes consent for the approval of
the location for the solemnization of same sex marriages;
(c) a
statement as to whether, in the event that the location is not certified by the
Minister as being a usual place of public religious worship, the proprietor or
trustee of the location consents to the location being approved by the
approving authority for the solemnization of any marriage;
(d) if
the religious organization is recognized and established in Jersey,
certification by the religious organization –
(i) that the
religious organization requests certification by the Minister that the location
is a usual place of public religious worship, and
(ii) that
the approving authority approves the location for the solemnization of
religious marriages;
(e) if
the religious organization is not recognized and established in Jersey or where
the approving authority may require it, certification by at least 20 persons
living in separate households in Jersey that –
(i) the location is
their usual place of public religious worship and that they request certification
by the Minister that the location is a usual place of public religious worship,
and
(ii) the
approving authority approves the location for the solemnization of religious
marriages; and
(f) certification
as to whether or not the governing authority of the religious organization has
consented to the solemnization of same sex marriages according to the rites and
usage of the religious organization or to the location being used for same sex
marriages.
(2) An application for
certification of a location as a usual place of public religious worship shall,
if the location is shared by 2 or more religious organizations, contain the
name of each religious organization that is sharing the location.
26 Excluded
locations
The following locations
shall not be certified by the Minister as a usual place of public religious worship –
(a) a location that may be
used for worship, if the principal use of the location is not for public
worship; and
(b) a parish hall.
27 Included
locations
A location may be certified by the Minister as a usual place of
public religious worship if the location is used primarily as a usual place of
public religious worship by a religious organization that is recognized and
established in Jersey, regardless of whether it is used for any other purpose.
PART 5
PROCEDURES, NOTICES AND FORMS FOR marriage
28 Application
for notice of intended marriage[15]
An application for a notice of intended marriage shall include the
following information –
(a) for each party to the
intended marriage, his or her –
(i) forenames
as they appear on his or her birth certificate (and deed poll, if applicable),
(ii) surname,
and any previous surname, as they appear on his or her birth certificate (and
deed poll, if applicable),
(iii) date
of birth,
(iv) place of birth,
(v) nationality,
(vi) usual place
of residence,
(vii) period of
residence at usual place of residence,
(viii) civil status,
(ix) immigration
status and nationality,
(x) sex
(and gender, if different from sex), and
(xi) occupation
or profession;
(b) the full names of the
parents of each party to the marriage, the relationship of the parent
(Mother/Father/Parent) to the party and the current occupation or profession of
the parent;
(c) a declaration signed by
each person who made the application stating “I hereby confirm that
the information provided is correct to the best of my knowledge”;
(d) a statement as to
whether a certificate of freedom to marry will be provided;
(e) a statement as to
whether the application relates to a certificate of no impediment to marriage
for the solemnization of a marriage outside Jersey, and, if so, the name of the
applicant for that certificate;
(f) the name of the
marriage celebrant, if any has been chosen;
(g) the full name and
physical address and, if different, the postal address of the proposed approved
location at which the marriage is to be solemnized, and if that is an open-air
location, the full name and physical address and, if different, the postal
address of the proposed alternative location (if any) may also be included;
(h) the proposed date of marriage;
and
(i) the proposed time
of marriage.
29 Notice
of intended marriage form[16]
A notice of intended marriage form shall include the following
particulars –
(a) for each party to the intended
marriage, his or her –
(i) forenames
as they appear on his or her birth certificate (and deed poll, if applicable),
(ii) surname,
and any previous surname, as they appear on his or her birth certificate (and
deed poll, if applicable),
(iii) date
of birth,
(iv) nationality,
(v) usual
place of residence,
(vi) period of residence
at usual place of residence,
(vii) civil status,
and
(viii) occupation or profession;
(b) the full name and
physical address, and, if different, the postal address of the proposed
approved location at which the marriage is to be solemnized, and if that is an
open-air location, the full name and physical address, and, if different, the
postal address of the proposed alternative location (if any) may also be
included;
(c) a declaration by the
parties to the marriage stating “We hereby give notice that we intend to
marry each other on <date>, that <date> being no more than 12 months
from the date on which we signed this notice”; and
(d) the signature, printed
names and date of signing of both parties to the marriage.
30 Freedom
to marry declaration[17]
A freedom to marry declaration shall, in addition to the declaration
set out in Article 10(9) of the Law, include the following
information –
(a) the full name and
signature of the person making the freedom to marry declaration;
(b) the date the freedom to
marry declaration was signed;
(c) the date, time,
location and parish of the intended marriage; and
(d) the full name and
physical address and, if different, the postal address of the proposed approved
location at which the marriage is to be solemnized, and if that is an open-air
location, the full name and physical address and, if different , the postal
address of the proposed alternative location (if any) may also be included.
31 Marriage
schedule
A marriage schedule shall contain the following particulars –
(a) the parish register
number;
(b) the entry number;
(c) the name of the parish
in which the marriage is solemnized;
(d) for each party to the
marriage, his or her –
(i) forenames
as they appear on his or her birth certificate (and deed poll, if applicable),
(ii) surname,
and any previous surname, as they appear on his or her birth certificate (and
deed poll, if applicable),
(iii) date of birth,
(iv) civil
status,
(v) occupation or profession,
(vi) usual place of residence, and
(vii) place of birth;
(e) the full names of the
parents of each party to the marriage, the relationship of the parent
(Mother/Father/Parent) to the party and the current occupation or profession of
the parent;
(f) a declaration signed
and dated by the Superintendent Registrar stating “<applicant> and
<applicant> have given notice of their intention to marry. That
notice has been displayed in accordance with the Marriage and Civil Status
(Jersey) Law 2001 and both parties have signed a solemn declaration
that there is no impediment to their marriage. The solemnization of this
marriage can now proceed.”;
(g) the date and time of the
marriage;
(h) the location of the
marriage;
(i) the signatures of
the parties to the marriage and printed names of the parties to the marriage;
(j) the signatures of
the witnesses and printed names of the witnesses to the marriage;
(k) the printed name and
the title of the marriage celebrant; and
(l) the signature of
the marriage celebrant and date that the marriage celebrant signs the marriage
schedule.
32 Signature
verification form
The signature verification form shall contain the following
particulars for each party to the marriage –
(a) his or her forenames as
they appear on his or her birth certificate (and deed poll, if applicable);
(b) his or her surname, and
any previous surname, as they appear on his or her birth certificate (and deed
poll, if applicable);
(c) his or her signature (which
must be signed in presence of Superintendent Registrar);
(d) the date of his or her signature;
and
(e) his or her photograph.
32A [18]
33 Marriage
certificate
(1) A marriage certificate issued
under the Law shall contain the following particulars –
(a) the
entry number;
(b) name
of the parish or Ecclesiastical district, as the case may be, in which the
marriage is solemnized;
(c) the
authority under which the marriage is solemnized;
(d) date and time of the marriage;
(e) for
each party to the marriage, his or her –
(i) forenames as they
appear on his or her birth certificate (and deed poll, if applicable),
(ii) surname,
and any previous surname, as they appear on his or her birth certificate (and
deed poll, if applicable),
(iii) date
of birth,
(iv) civil
status,
(v) occupation or
profession,
(vi) usual
place of residence, and
(vii) place of
birth;
(f) the
full names of the parents of each party to the marriage, the relationship of
the parent (Mother/Father/Parent) to the party and the current occupation or
profession of the parent;
(g) the location
of the marriage;
(h) the
signatures of the parties to the marriage and printed
names of the parties to the marriage;
(i) the
signatures of the witnesses
and printed names of the witnesses to the marriage;
(j) the
printed name and the title of the marriage celebrant; and
(k) the
signature of the marriage celebrant and date on which the marriage celebrant
signed the marriage certificate.
(2) A marriage certificate issued
under Article 21(6) of the Law for a marriage by conversion shall contain
the following particulars –
(a) entry
number;
(b) the name
of the parish in which the marriage is solemnized;
(c) for
each party to the marriage his or her –
(i) forenames as they
appear on his or her birth certificate (and deed poll, if applicable),
(ii) surname,
and any previous surname, as they appear on his or her birth certificate (and
deed poll, if applicable),
(iii) date
of birth,
(iv) civil
status,
(v) occupation or
profession,
(vi) usual
place of residence, and
(vii) place of
birth;
(d) the
full names of the parents of each party to the marriage, the relationship of
the parent (Mother/Father/Parent) to the party and the current occupation or profession
of the parent;
(e) a
statement which indicates the following information –
(i) that the marriage
was converted from a civil partnership, and the date of the conversion,
(ii) the
details recorded on the marriage certificate are as stated on the date of the
civil partnership, and
(iii) that,
by Article 22(15) of the Law, the civil partnership that is converted is
to be treated as if it had always been a marriage;
(f) signatures
of the parties to the marriage in accordance with Article 22(10) of the
Law and printed names of the parties to the marriage;
(g) the date,
and time (if any), of the marriage (this being the date, and time (if any), the
civil partnership was formed);
(h) the location
of the marriage;
(i) the
printed name and the title of the marriage celebrant; and
(j) the
signature of the marriage celebrant and date on which the marriage celebrant
signed the marriage certificate.
(3) Where the
Superintendent Registrar issues a certified copy of a marriage certificate, the
certified copy shall include a declaration, signed by the Superintendent
Registrar stating that the certificate is a true and faithful extract of the
Register of Marriages of the Parish in which the marriage took place.
34 Certificate
of no impediment to marriage[19]
A certificate of no impediment to marriage shall contain the
following particulars –
(a) for each party to the
marriage, his or her –
(i) forenames
as they appear on his or her birth certificate (and deed poll, if applicable),
(ii) surname,
and any previous surname, as they appear on his or her birth certificate (and
deed poll, if applicable),
(iii) date
of birth,
(iv) place of
birth,
(v) nationality,
(vi) usual place of residence (as required under
Article 16(5) of the Law),
(vii) period of residence at usual
place of residence, and
(viii) civil status;
(b) the date of the marriage;
(c) the location of the
marriage (d) the name of
the party to the marriage who is the applicant for the certificate of no
impediment to marriage;
(e) the date by which the
certificate of no impediment to marriage will no longer be valid under Article 16(6)(b)
of the Law;
(f) certification by
the Superintendent Registrar that –
(i) notice
of intended marriage has been given and signed by both parties to the marriage
and the date that the notice of intended marriage was given (as required under
Article 16(5) of the Law),
(ii) the
applicant referred to in paragraph (d) has met the requirements set out in
the Law,
(iii) no
impediment to the proposed marriage has been shown to the Superintendent
Registrar,
(iv) the
Superintendent Registrar knows of no reason under the Law that would prevent
the applicant referred to in paragraph (d) from marrying if that marriage
was to be solemnized in Jersey;
(g) the signature of the
applicant referred to in paragraph (d) and the Superintendent Registrar
and the date on which the certificate of no impediment was signed by applicant
and the Superintendent Registrar.
35 Application
for conversion[20]
An application for a conversion under Article 19 of the Law shall
include the following information –
(a) for each party to the
marriage, his or her –
(i) forenames
as they appear on his or her birth certificate (and deed poll, if applicable),
(ii) surname, and any previous surname, as they appear on his or her
birth certificate (and deed poll, if applicable),
(iii) date
of birth,
(iv) place of
birth,
(v) nationality,
(vi) immigration
status,
(vii) usual place of residence,
(viii) period of residence at usual place
of residence,
(ix) civil status,
(x) sex
(and gender, if different from sex),
(xi) occupation
or profession;
(b) the full names of the
parents of each party to the marriage, the relationship of the parent
(Mother/Father/Parent) to the party and the current occupation or profession of
the parent;
(c) a declaration signed by
each person who made the application stating “I hereby confirm that
the information provided is correct to the best of my knowledge”;
(d) the name of the marriage
celebrant, if any has been chosen;
(e) the full name and physical
address and, if different, the postal address of the proposed approved
location, and if that is an open-air location, the full name and physical
address and, if different, the postal address of the proposed alternative
location may also be included;
(f) the proposed date
and time of the marriage; and
(g) the date and place
where the civil partnership was formed, and confirmation that the civil
partnership has not been dissolved.
36 Conversion
schedule[21]
A conversion schedule shall contain the following particulars –
(a) the parish register
number;
(b) the name of the parish;
(c) for each party to the
marriage, his or her –
(i) forenames
as they appear on his or her birth certificate (and deed poll, if applicable),
(ii) surname,
and any previous surname, as they appear on his or her birth certificate (and
deed poll, if applicable),
(iii) date
of birth,
(iv) civil
status,
(v) occupation
or profession,
(vi) usual
place of residence, and
(vii) place of
birth;
(d) the
full names of the parents of each party to the marriage, the relationship of
the parent (Mother/Father/Parent) to the party and the current occupation or
profession of the parent;
(e) a statement which
indicates the following information –
(i) that the marriage was converted from a civil partnership, and the
date of the conversion,
(ii) the details recorded on the conversion
schedule are the same as those
stated on the civil partnership document (within the meaning given by Article 1
of the Civil Partnership (Jersey) Law 2012) or a similar document issued by a competent authority outside
Jersey for a civil partnership formed outside Jersey,
and
(iii) that, by Article 22(15) of the Law, the civil partnership that
is converted is to be treated as if it had always been a marriage;
(f) A statement made
by the parties confirming that the marriage which results from the conversion
of their civil partnership is not void under Article 5 of the Law;
(g) the signatures, printed
names and date of signing of the parties to the marriage;
(h) date, and time (if
any), of the marriage (this being the date, and time (if any), the civil
partnership was formed);
(i) the location of the
marriage;
(j) the name of the marriage
celebrant;
(k) certification by the
marriage celebrant, in his or her own hand, of the time and date at which the
marriage was solemnized and signed by the marriage celebrant; and
(l) a statement
signed and dated by the Superintendent Registrar stating the following: “Whereas
<applicant > and <applicant> have applied to convert their civil
partnership to a marriage, the Superintendent Registrar, having considered the
application, approves the conversion of their civil partnership to a
marriage”.
37 Requirements
and procedures for marriage in special circumstances
(1) The requirements and
procedures specified in this Article shall apply for allowing persons intending
to solemnize their marriage on the authority of a marriage schedule or conversion
schedule to solemnize their marriage according to a wish referred to in Article 24(1)
of the Law, if any of the special circumstances referred to in Article 24(2)
of the Law exist.[22]
(2) Subject to this
Article, Part 2 of the Law shall apply to a marriage referred to in paragraph (1)
except that –
(a) the
marriage may be solemnized before the publication of a notice of intended
marriage under Article 11 of the Law or before the end of the 25 clear
days for which the notice is required to be published under that Article; and
(b) before
issuing a certificate of no impediment to marriage, the Superintendent
Registrar shall annotate the certificate of no impediment to marriage to
specify any changes to the procedures specified in Part 2 of the Law that
have been permitted under this Article.
(3) Subject to paragraph (4),
an application for notice of intended marriage under Article 8 of the Law
must, in the case of a marriage referred to in paragraph (1), be
accompanied by a statement made and signed by an appropriate authority giving
the details of the special circumstances of the party to the marriage.
(4) The statement referred
in paragraph (3) must not be made more than 14 days before it is
received by the Superintendent Registrar, except if –
(a) a
party to the marriage is detained; and
(b) the
appropriate authority confirms that the person will still be detained on the proposed
date of marriage.
(5) The Registrar shall
upon receipt of a statement referred to in paragraph (3), record the
statement in the notice of intended marriage and in the notice of intended
marriage book.
(6) If one or both of the
parties to the marriage are detained in a prison or place at which a person
suffering from a mental disorder may be lawfully detained, the appropriate
authority shall, before the Superintendent Registrar publishes a notice of
intended marriage, confirm in the statement referred to in paragraph (3) that
the appropriate authority agrees to the make the necessary arrangements
and –
(a) agrees
to the marriage taking place at the place of detention; or
(b) agrees
to move the party or parties, as the case may be, to a different location for
the marriage.
(7) Where the Superintendent
Registrar has received the statement referred to in paragraph (3), the Superintendent
Registrar may –
(a) subject
to paragraph (8), disapply any of the timeframes set out in Articles,
15(1), 16(2), 18(1) and (2), 19(1)(a) and 21(1) of the Law if
the Superintendent Registrar deems it necessary to do so;
(b) issue
a marriage schedule authorizing the solemnization of the marriage –
(i) in any location
where the party may be detained as specified in the statement from the
appropriate authority or in any location where the party is housebound,
including where the location is not an approved location, or
(ii) on
any day of the week, at any time during the 24 hours of a day, where there
is an expectation of death within 3 months by reason of illness or
unforeseen circumstances;
(c) subject
to paragraph (8), disapply any requirements under Articles 8(2)(c)
and 19(3)(c) of the Law to provide original documents or copies of
original documents to the Superintendent Registrar, except in the case of
documents that provide evidence of –
(i) the nationality
and immigration status of a party to the marriage, or
(ii) the
divorce, dissolution of marriage or death of the previous partner of a spouse
of a party to the marriage where that party was previously married or in a
civil partnership with another person;
(d) where
the statement states that a party to the marriage is unable to attend at the
office of the Superintendent Registrar –
(i) allow only the
other party to attend to provide any original documents required under the Law
on behalf of both parties to the marriage and require that party to sign the
signature verifier form, or
(ii) attend
in a place other than the office of the Superintendent Registrar to allow both
parties together to provide the original documents required under the Law; or
(e) require
the payment of a fee payable under this Order or waive the requirement to pay
any fee or part of a fee payable under this Order.
(8) Paragraph (7)(a)
and (c) shall not apply in respect of a person who is detained or housebound
except where there is also an expectation of death within 3 months or by
reason of illness or unforeseen circumstances.
(9) Subject to paragraph (10),
where a notice of intended marriage, a marriage schedule or a certificate of no
impediment to marriage have already been published or issued, as the case may
be, and changes are required to any of them because of the application of paragraph (7),
the Superintendent Registrar shall –
(a) amend
the notice of intended marriage to show any new date or time of the
solemnization of the marriage, a new location or new marriage celebrant;
(b) issue
a new marriage schedule or authorize the new marriage celebrant to annotate the
existing marriage schedule and issue new marriage certificates referred to in
Article 15(7)(a) of the Law; or
(c) issue
a new certificate of no impediment to marriage,
as the case may be, and record the change in his or her records
accordingly.
(10) The Superintendent Registrar
shall not issue a new marriage schedule, marriage certificate or certificate of
no impediment to marriage under paragraph (9) unless the prescribed fee
has been paid and –
(a) the
existing marriage schedule, marriage certificate or certificate of no
impediment to marriage, as the case may be, is returned to the Superintendent
Registrar; or
(b) there
is imminent likelihood of death and there is not sufficient time for the
existing marriage schedule, marriage schedule or certificate of no impediment
to marriage, as the case may be, to be returned to the Superintendent
Registrar.[23]
(11) Where any of the following
documents have been issued in consequence any marriage being solemnized under
Article 24 of the Law, the Superintendent Registrar must annotate such
documents to indicate that they have been issued in circumstances described in
Article 24(2) of the Law –
(a) a
notice of intended marriage;
(b) a
marriage schedule;
(c) a conversion
schedule;
(d) a
marriage certificate; and
(e) a
certificate of no impediment to marriage.[24]
(12) For the purposes of this Article
“appropriate authority” means –
(a) if
there is an expectation of death of a party to the marriage, within 3 months,
a registered medical practitioner responsible for the care of that party;
(b) if a
party to the marriage is housebound, a registered medical practitioner
providing care to the housebound party;
(c) if a
party to the marriage is unable to solemnize a marriage by reason of illness or
unforeseen or unavoidable circumstances, a registered medical practitioner or
other relevant official that the Superintendent Registrar accepts as being an
appropriate authority;
(d) if a
party to the marriage is detained in a hospital, the person responsible for the
management of the hospital;
(e) if a
party to the marriage is detained in a prison or place at which a person
suffering from a mental disorder may be lawfully detained, the governor of the
prison or any other person with responsibility for the prison or place at which
a person suffering from a mental disorder may be lawfully detained, as the case
may be.
38 Information,
books, indexes and registers kept by the Superintendent Registrar
(1) The register of
authorized civil celebrants shall contain the following particulars in
respect of an authorized civil celebrant –
(a) the forenames
and surname of the authorized civil celebrant;
(b) the
date of authorization as an authorized civil celebrant;
(c) the
date on which the authorization of the authorized civil celebrant is due for
renewal;
(d) the
address and contact details of the authorized civil celebrant;
(e) details
of any qualifications held by the authorized civil celebrant that are relevant
to his or her work as an authorized civil celebrant.
(2) The register of
authorized religious officials shall contain the following particulars in
respect of an authorized religious official –
(a) the forename
and surname of the authorized religious official;
(b) the
name of the religious organization that applied for the authorization under
Article 4(1);
(c) the
date of authorization as an authorized religious official;
(d) the
address and contact details of the authorized religious official;
(e) the
locations at which the religious organization referred to in sub-paragraph (b)
consents to the solemnization of marriages by the authorized religious
official;
(f) whether
the authorized religious official consents to the solemnization of same sex
marriages by that authorized religious official;
(g) whether
the religious organization referred to in sub-paragraph (b) consents to
the solemnization of same sex marriages by the authorized religious official.
(3) The notices of intended
marriages book shall contain the following particulars –
(a) for
each party to the marriage, his or her –
(i) forenames as they
appear on his or her birth certificate (and deed poll, if applicable),
(ii) surname,
and any previous surname, as they appear on his or her birth certificate (and
deed poll, if applicable),
(iii) date
of birth,
(iv) nationality,
(v) usual place of
residence,
(vi) period
of residence at usual place of residence,
(vii) civil
status, and
(viii) occupation or
profession;
(b) the
full name and physical address and, if different, the postal address of the
proposed approved location, and if that is an open-air location, the full name
and physical address and, if different, the postal address of the proposed
alternative location (if any) may also be included;
(c) a
declaration by the parties to the marriage stating “We hereby give notice
that we intend to marry each other on <date>, and that <date> being
no more than 12 months from the date on which we signed this
notice”; and
(d) the
signature and printed names of the parties to the marriage and date of signing;
(e) the
date that the notice of intended marriage was given;
(f) annotations
by the Superintendent Registrar, if any, and
(g) the
signature of the Superintendent Registrar.[25]
(4) The index of the names
of the parties to any marriage solemnized in Jersey required to be kept by the
Superintendent Registrar under Article 24B(2)(e) of the Law shall contain
the following particulars for each party to the marriage, his or her –
(a) forenames
as they appear on his or her birth certificate (and deed poll, if applicable);
and
(b) surname, and any previous surname, as they appear on his or her birth
certificate (and deed poll, if applicable).
39 Official
searches of records by Superintendent Registrar
An application for a search under Article 24C of the Law shall
contain the following information in respect of the applicant –
(a) his or her forenames
and surnames, including any previous names or alias used;
(b) his or her date and
place of birth;
(c) his or her contact
details;
(d) details of relevant
life events, including the date of any previous marriage or civil partnership,
the date of any divorce or dissolution, and any other details that the
Superintendent Registrar deems relevant;
(e) the names of associated
parties, including the names of the parents, in the case of the search for a
birth record, and the name of the spouse, in the case of a search for a
marriage record;
(f) relevant dates,
including the date of registration of a relevant life event;
(g) evidence of identity;
(h) a declaration by the
applicant confirming that the information provided is a correct to the best of
his or her knowledge; and
(i) his or her
signature and date of signing.
40 Specifications
for book of banns
A book of banns provided
under Article 28 of the Law must conform to the following specifications –
(a) the book of bans shall
be of durable material; and
(b) every page of the book
of banns and every place of entry in it shall be numbered progressively from
the beginning to the end, beginning with the number 1.
41 Register
of marriage supplied to incumbent of an Anglican church
(1) A register supplied to incumbent
of an Anglican church under Article 47 of the Law shall contain the
following particulars –
(a) the name
of the parish or Ecclesiastical district;
(b) the date
and time of marriage;
(c) for
each party to the marriage, his or her –
(i) forenames as they
appear on his or her birth certificate (and deed poll, if applicable),
(ii) surname
(including any previous surname and deed poll, if applicable),
(iii) date
of birth,
(iv) civil
status,
(v) occupation or
profession,
(vi) usual
place of residence, and
(vii) place of
birth;
(d) the
full names of the parents of each party to the marriage, the relationship of
the parent (Mother/Father/Parent) to the party and the current occupation or
profession of the parent;
(e) a
statement that the marriage was solemnized in accordance with the rites and
usage of the Anglican Church made by the clergyman who solemnized the marriage
together with the name and printed title of the clergyman;
(f) signatures
and printed names of the parties to the marriage;
(g) signatures
and printed names of the witnesses to the marriage; and
(h) certification
by the clergyman, under his or her own hand of the time and date at which the
marriage is solemnized, signed by the clergyman and with his or her name and
title printed.
(2) A clergyman who solemnizes
a marriage shall during the marriage ceremony complete 2 copies of the
register referred to in paragraph (1) at the same time that the marriage
certificate and the return under Article 43 are completed.
(3) A clergyman who
solemnizes a marriage shall retain the 2 copies of the register referred
to in paragraph (2) and provide one of the copies to the Superintendent
Registrar when that register becomes full.
42 Registration
of marriage
(1) The requirements under Article 69
of the Law, in the case of a marriage solemnized in an Anglican church, for
particulars of a marriage to be registered by the clergyman by whom the
marriage was solemnized shall be as follows –
(a) a
clergyman of the Anglican church shall, having solemnized the marriage,
immediately enter in the register referred to in Article 41 the
particulars referred to in that Article relating to the marriage;
(b) the
entries made under sub-paragraph (a) shall be signed by the clergyman, the
parties to the marriage and 2 witnesses; and
(c) every
entry shall be made in consecutive date order from the beginning to the end of
each register and the number of the entry shall be the same in each duplicate
marriage register.
(2) Subject to paragraph (3),
the requirements under Article 47 of the Law for a register supplied to a
registrar to contain particulars, Article 69 of the Law for particulars of
a marriage to be registered by the registrar of the parish in which the
marriage was solemnized and Article 70 of the Law for the record of particulars
to be recorded and held by the registrar of the parish in which the marriage
was solemnized shall, be satisfied as follows –
(a) the
registrar shall retain in the register and, in the date order in which
marriages are solemnized, all marriage schedules in respect of marriages solemnized
in the parish; and
(b) in
retaining each marriage schedule in the register under sub-paragraph (a),
the registrar must number each marriage schedule with a parish register entry
number which shall be progressive beginning with the number 1 in each
register.[26]
(3) If a marriage by
conversion is solemnized, the requirements under Article 47 of the Law for
a register supplied to a registrar to contain particulars, Article 69 of
the Law for particulars of a marriage to be registered by the registrar of the
parish in which the marriage was solemnized and Article 70 of the Law for
the record of particulars to be recorded and held by the registrar of the
parish in which the marriage was solemnized shall, be satisfied as follows –
(a) the
registrar shall retain in a register and in the date order in which marriages
are solemnized all conversion schedules in respect of marriages solemnized in
the parish; and
(b) in
retaining each conversion schedule in the register under sub-paragraph (a),
the registrar must number each conversion schedule with a parish register entry
number which shall be progressive beginning with the number 1 in each
register.[27]
43 Returns
of information for Anglican marriages
(1) Subject to paragraph (2),
a clergyman shall during the marriage ceremony prepare a return for each
marriage that the clergyman solemnizes.
(2) A return referred to in
paragraph (1) shall contain the following information –
(a) the name
of the Ecclesiastical district or the name of the parish in which marriage is
solemnized;
(b) the date
and time of the marriage;
(c) for
each party to the marriage, his or her –
(i) forenames as they
appear on his or her birth certificate (and deed poll, if applicable),
(ii) surname,
and any previous surname, as they appear on his or her birth certificate (and
deed poll, if applicable),
(iii) date
of birth,
(iv) civil
status,
(v) occupation or
profession,
(vi) usual
place of residence, and
(vii) place of
birth;
(d) the
full names of the parents of each party to the marriage, the relationship of
the parent (Mother/Father/Parent) to the party and the current occupation or
profession of the parent;
(e) a
statement that the marriage was solemnized in accordance with the rites and
usage of the Anglican Church made by the clergyman who solemnized the marriage
together with the name and printed title of the clergyman;
(f) signatures
and printed names of the parties to the marriage;
(g) signatures
and printed names of the witnesses to the marriage; and
(h) certification
by the clergyman, under his or her own hand of the time and date at which the
marriage is solemnized, signed by the clergyman and with his or her name and
title printed.
(3) An incumbent of an
Anglican church shall, within 30 days of after the end of each quarter –
(a) deliver
to the Superintendent Registrar for inspection all registers supplied to the incumbent
of the Anglican church under Article 47 of the Law and in which
particulars of marriages solemnized in the Anglican church during that quarter
are entered;
(b) deliver
to the Superintendent Registrar, returns of all marriages in the registers
referred to in sub-paragraph (a) that were solemnized in the Anglican
church during that quarter;
(c) deliver
to the Superintendent Registrar a certificate, in a form provided by the
Superintendent Registrar, setting out the number of marriages for which
particulars are entered in the register during the quarter, including when none
have been entered,
and the Superintendent Registrar shall inspect and verify such
registers returns and certificate, return the registers to the incumbent of the
Anglican church, retain the returns and certificates and have the returns bound.
(4) The incumbent of an
Anglican church shall, as soon as the registers kept by the incumbent in
duplicate are full, deliver one of them to the Superintendent Registrar and
keep the other with the other documents in the incumbent’s care.
44 Return of registers etc. by registrar
(1) A registrar shall,
within 30 days after the end of each quarter –
(a) deliver
to the Superintendent Registrar for inspection all registers supplied to the
registrar under Article 47 of the Law and which contain marriage schedules
received by the registrar during that quarter;
(b) deliver
to the Superintendent Registrar for inspection all registers containing conversion
schedules received by the registrar during that quarter; and
(c) deliver
to the Superintendent Registrar a certificate in a form provided by the
Superintendent Registrar, setting out the number of marriages solemnized in the
parish and registered in the register during the quarter, including when none
have been registered,
and the Superintendent Registrar shall inspect and verify such
registers and certificate, return the registers to the registrar and retain the
certificate.[28]
(2) A registrar shall, as
soon as the registers kept by the registrar in duplicate are full, deliver one
of them to the Superintendent Registrar and keep the other with the other
documents in the registrar’s care.
45 Omission
of particulars in exceptional circumstances[29]
Despite anything to the contrary in this Order, where the Minister
has determined that there are exceptional circumstances, the Superintendent
Registrar may omit details in respect of forenames and surnames required as
particulars in a notice of intended marriage, marriage schedule, signature
verification form, marriage certificate, certificate of no impediment to
marriage, conversion schedule, notices of intended marriages book and index of
the names of the parties to any marriage solemnized in Jersey.
45A Transfer of duties
between parish and Superintendent Registrar[30]
(1) Notice under Article 41A(2)
of the Law must be given in writing.
(2) The minimum period of
time that may be specified in a notice given under Article 41A(2)(a) of
the Law is –
(a) for
the Parish of St. Helier, 6 months;
(b) for
any other parish, 3 months.
(3) The minimum period of
time that may be specified in a notice given under Article 41A(2)(b) of
the Law is –
(a) for
the Parish of St. Helier, 12 months;
(b) for
any other parish, 6 months.
45B Keeping of
marriage register and other documents[31]
A person who, by virtue of the person’s office, is required by
this Order to keep a marriage register or other documents must, on ceasing to
hold office, deliver the register and documents to the person’s
successor.
PART 6
REGISTRATION OF BIRTHS AND DEATHS
46 Registration of births and stillbirths
(1) The requirements for
registration of a birth or stillbirth under Article 50 of the Law shall be
as set out in this Article.
(2) Subject to this Order,
a relevant registrar who is informed, in accordance with the Law and this
Order, of the particulars of a birth shall enter in the register of births kept
by the relevant registrar the following particulars, in respect of that
birth –
(a) the name
of the parish;
(b) the
entry number;
(c) the date
of birth;
(d) the place
of birth;
(e) the forenames
and surname (if any) of the child;
(f) the
sex of the child;
(g) forenames,
surname and occupation or profession of the father;
(h) forenames,
surname and maiden surname and occupation or profession of the mother;
(i) the
address of the mother and father;
(j) the
date and place of the parents’ marriage or civil partnership (if any);
(k) the informant’s
signature and the informant’s relationship to the child;
(l) the
date of registration; and
(m) the name
and signature of the registrar.[32]
(3) Subject to this Order,
a relevant registrar who is informed, in accordance with the Law and this Order,
of the particulars of a stillbirth shall enter in the register of stillbirths
kept by the relevant registrar the following particulars –
(a) the
name of the parish;
(b) the entry
number;
(c) the
date of stillbirth;
(d) the
place of stillbirth;
(e) the
forenames and surname (if any) of the child;
(f) the
sex of the child;
(g) the
forenames and surname of the father;
(h) the
forenames, surname and maiden surname of the mother;
(i) the
address of the mother and father;
(ia) the date
and place of the parents’ marriage or civil partnership (if any);
(j) the
cause of death;
(k) the
informant’s signature and the informant’s relationship to the
child;
(l) the
date of registration; and
(m) the name
and signature of the registrar.[33]
(4) Subject to this Order,
the particulars of a birth means the particulars specified in paragraph (2)(a)
to (j).
(5) Subject to this Order,
the particulars of a stillbirth means the particulars specified in paragraph (3)(a)
to (j).
(6) Entries of births or
stillbirths shall be numbered and made successively from the beginning to the
end of the register in which they are made.
47 Declaration
for re-registration of birth of legitimated person
The matters in respect of a declaration to be made under Article 57(2)
of the Law shall be as follows –
(a) the name of the child as
registered;
(b) the date of birth of
the child;
(c) the child’s place
of birth and parish of birth;
(d) the original date of the
registration of the birth of the child;
(e) details of the parents’
marriage including –
(i) the
forenames and surname of the mother,
(ii) the
forenames and surname of the father,
(iii) the
date of the
parents’ marriage,
(iv) the
location of the parents’ marriage,
(v) a
statement as to whether the father
is named on the original birth certificate,
(vi) if the father is named on the original birth certificate, a declaration by the father or mother (signed and dated) that they are the parents of the child and
they wish to re-register the birth of the child following their marriage, and
(vii) if the father is not named on the original birth certificate, a declaration by the mother and
father (signed and dated) that they are the parents of the child and they wish
to re-register the birth of the child following the marriage.[34]
48 Further
registration of name
(1) This Article applies
where the name of a child is to be registered pursuant to Article 58 of
the Law.
(2) A certificate under
Article 58(1) of the Law to be produced for a request to be made for the
registration of a name shall contain the following information –
(a) the date
of birth;
(b) the name
currently recorded in birth register;
(c) the parish
in which birth was registered;
(d) the baptism
name;
(e) the full
name following baptism;
(f) the
name of the parents;
(g) the date
of baptism;
(h) the place
of baptism;
(i) name
of religious official performing the rite of baptism;
(j) name
and signature of religious official certifying baptism and date of
certification; and
(k) signature
of person who performed the rite of baptism.
49 Registration
of abandoned child[35]
(1) If
a child is found abandoned in a parish for which the Superintendent Registrar
performs the relevant registration duties, the Superintendent Registrar must
enter the following particulars in the register of births for that
parish –
(a) the
date and location in which the child was found;
(b) the
age of the child when the child was found, as advised by a registered medical
practitioner;
(c) the forenames
and surname of the child;
(d) the
word “unknown” for the mother’s and father’s names and
occupations;
(e) the
informant’s name, signature, job title and organization.
(2) If
a child is found abandoned in a parish for which the relevant registration
duties are retained, the registrar for that parish, when directed by the
Superintendent Registrar in accordance with Article 59(2)(b) of the Law,
must enter the particulars specified in paragraph (1) above in the
register of births kept by the registrar.
50 Short
birth certificate
(1) A short birth
certificate issued by a relevant registrar pursuant to a request made under
Article 60(1) of the Law shall contain the following particulars –
(a) the forenames
and surname of the child;
(b) the sex
of the child;
(c) the date
and place of birth of the child;
(d) a declaration
by the relevant registrar for the parish where the birth occurred certifying
particulars compiled from the entry in respect of the birth in the register of
births in the registrar’s custody; and
(e) the signature
of the relevant registrar and date that the short birth certificate was signed.[36]
(2) A short birth
certificate issued by the Superintendent Registrar pursuant to a request made
under Article 60(2) of the Law shall contain the following
particulars –
(a) the
forenames and surname of the child;
(b) the
sex of the child;
(c) the
date and place of birth of the child;
(d) a declaration
by Superintendent Registrar certifying particulars compiled from the entry in
respect of the birth in the Adopted Children’s Register kept pursuant to
the Article 24 of the Adoption (Jersey) Law 1961; and
(e) the
signature of the Superintendent Registrar and the date that the short birth
certificate was signed.
51 Certificate
of registration of stillbirth[37]
A certificate of registration of stillbirth under Article 61(5)
of the Law shall contain the following particulars –
(a) the name of the parish;
(b) the entry number;
(c) the date of stillbirth;
(d) the place of
stillbirth;
(e) the forenames and
surname (if any) of the child;
(ea) the sex of the child;
(f) the
forenames and surname of the father;
(g) the
forenames, surname and maiden surname of the mother;
(h) the address of the
mother and father;
(ha) the date and place of the
parents’ marriage or civil partnership (if any);
(i) the
cause of death;
(j) the
signature of informant and relationship of the informant to the child;
(k) the
date of registration;
(l) certification by the registrar that the certificate is a true and
faithful extract from a register of stillbirths of the Island of Jersey; and
(m) the name and signature of the registrar.
51A Certificate of
fact and cause of death[38]
(1) A
certificate of fact and cause of death under Article 64(1)(a) of the Law
must contain the following particulars –
(a) the
forenames and surname of the deceased person, including maiden name, previous
name or aliases (if any);
(b) the
deceased person’s address (if any);
(c) the
deceased person’s date of birth;
(d) the
time and date of death;
(e) the
place of death, including parish;
(f) whether
the cause of death is known and, if so, the cause including any of the
following that are known –
(i) details of any
disease,
(ii) conditions
leading to death,
(iii) antecedent
causes,
(iv) morbid
conditions giving rise to the cause of death or antecedent causes, or
(v) any other significant
conditions contributing to death but not related to disease or condition
causing death;
(g) the
approximate interval between the onset of a known cause or condition leading to
the death, and the date of death;
(h) if
there is any reason why the death should be reported to the police;
(i) whether the registered medical practitioner has
reported the death to the police;
(j) whether
the registered medical practitioner is otherwise aware that the death has been
reported to the police or the Viscount;
(k) such
supplementary information as the Superintendent Registrar may require the
registered medical practitioner to provide in respect of the deceased person.
(2) A
certificate of fact and cause of death must contain the registered medical
practitioner’s full name, qualifications, practice address, signature and
date of signature and be accompanied by a declaration by the registered medical
practitioner that –
(a) he or
she is authorised to give the certificate, by reason of –
(i) having attended
upon the deceased person during that person’s last illness,
(ii) having
last attended upon that person not more than 14 days before death, and
(iii) having
also viewed the person’s body after death; or
(b) having
viewed the deceased person’s body after death, the registered medical
practitioner is authorised by the Viscount to give the certificate.
(3) Without
limiting paragraph (1)(k), the supplementary information which the
Superintendent Registrar may require the registered medical practitioner to
provide in respect of a deceased person includes –
(a) that
person’s Health and Social Services number;
(b) particulars
of any surgical operations performed on that person’s body in the 12 months
prior to that person’s death;
(c) particulars
of any morbid conditions present at the time of that person’s death, but
not contributing to his or her death; and
(d) any
personal accident suffered by that person in the 12 months prior to that
person’s death.
52 Registration
of death
(1) The requirements for
registration of a death under Article 50 of the Law shall be as set out in
this Article.
(2) Subject to this Order, where
the relevant registrar is informed, in accordance with the Law and this Order,
of the particular of a death, he or she shall enter, the following particulars
in the register of deaths kept by the registrar in respect of that
death –
(a) the
name of the parish;
(b) the
entry number;
(c) the
date of death;
(d) the
place of death;
(e) the
forenames and surname of the deceased person;
(f) the
sex of the deceased person;
(g) the
age of the deceased person;
(h) the
cause of death of the deceased person;
(i) the
civil status of the deceased person at time of death;
(j) the
date and place of birth of the deceased person;
(k) the
place of burial or cremation; and
(l) the
informant’s address and relationship to the deceased person.
(m)
(n) [39]
(3) An entry under
paragraph (2) must be signed by the informant and by the relevant
registrar, who must add his or her name and official description.[40]
53 Certificate
of registration of death[41]
(1) A
certificate of registration of death must contain the following
particulars –
(a) the
name of the parish in which the death occurred;
(b) the
date on which the relevant registrar registered the death;
(c) the
name, age and address of the deceased person;
(d) the
place of death; and
(e) the
date of death.
(2) The
relevant registrar must –
(a) authenticate
the certificate with a statement that the death has been registered in accordance with the Law;
(b) sign
and date the certificate; and
(c) add
his or her name and official description.
54 Declarations
under Part 5
(1) Every declaration made
for the purposes of Part 5 of the Law shall be in writing, dated and
signed.
(2) The Superintendent
Registrar and each registrar shall keep every declaration delivered to him or
her pursuant to the Law with the other documents in his or her charge.
55 Return
of registers etc. by
registrar
A registrar shall, within 30 days of after the end of each
quarter –
(a) deliver to the
Superintendent Registrar for inspection all registers supplied to the registrar
under Article 47 of the Law; and
(b) deliver to the
Superintendent Registrar a certificate, provided by the Superintendent
Registrar, setting out the number of births, stillbirths and deaths in the
parish and registered in the register during the quarter, including when none
have been registered,
and the Superintendent
Registrar shall inspect and verify such registers and certificate, return the
registers to the registrar and retain the certificate.
PART 7
MISCELLANEOUS
56 Correction
of error in register
(1) Upon the Minister or
the Inferior Number of the Royal Court granting permission for correction of an
error other than 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 permission is granted, the date the
correction is made and the Superintendent Registrar’s signature.
(2) A person who finds a
clerical error in the original entry of a marriage, birth, stillbirth or death
shall bring it to the attention of the Superintendent Registrar.
(3) 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.
(4) Upon ascertaining that
the copy of an entry of a marriage, birth, stillbirth or death kept under this
Order is not the same as the original, the Superintendent Registrar shall, as
soon as is practicable, correct the error in the copy and there enter the date
the correction is made and the Superintendent Registrar’s signature.
57 Binding
of returns, marriage schedules and conversion schedules[42]
The Superintendent Registrar shall arrange for the returns, marriage
schedules and conversion schedules to be bound as often as is necessary.
58 Fees[43]
(1) Schedule 1
has effect to set the fees payable under the Law or under this Order.
(2) Part 1
of that Schedule sets the fees payable under the provisions of the Law
specified in that Part.
(3) Part 2
of that Schedule sets the fees payable under the provisions of this Order
specified in that Part.
59 Transitional
provisions
Schedule 2 has effect.
60 Citation
This Order may be cited as the Marriage and Civil Status (Jersey)
Order 2018.