Contents

PART 1  3

PART 2  38

SCHEDULE 1  41

SCHEDULE 2  43

A LAW to amend the Civil Partnership (Jersey) Law 2012 to provide for opposite-sex civil partnerships and to amend the formalities and registration requirements for civil partnerships and to make consequential amendments to other enactments.

THE STATES, subject to the sanction of His Most Excellent Majesty in Council, have adopted the following Law –

“1      Interpretation

In this Law –

“alternative location” in the case of the solemnization of an intended civil partnership at an approved open-air location, means an approved location that is not an open-air location, and is the location at which the civil partnership may be solemnized instead of at the approved open-air location;

“approved location” is to be construed in accordance with Article 13;

“authorized civil celebrant” means a person authorized as such under Article 82C of the 2001 Law;

“certificate of no impediment to civil partnership” is to be construed in accordance with Article 12;

“child of the family” in relation to any person (“A”), means another person who, when under the age of 18, has lived in the same household as A, and has been treated by A as a child of A’s family;

“civil partners” is to be construed in accordance with Article 2(1);

“civil partnership celebrant” means the Superintendent Registrar or a Deputy Superintendent Registrar when either of those officers is acting in the solemnization of a civil partnership or an authorized civil celebrant;

“civil partnership certificate” means a certificate signed by the civil partners and the civil partnership celebrant that records the names, ages, addresses and civil status of the civil partners and the place and date of the solemnization of the civil partnership;

“civil partnership conversion certificate” means a certificate signed by the civil partners and the civil partnership celebrant after a conversion under Part 2AA that records the names, ages and addresses of the civil partners and the place and date of the conversion of their marriage to a civil partnership;

“civil partnership conversion schedule” is to be construed in accordance with Article 26AB;

“civil partnership register” means the register maintained under Article 18;

“civil partnership schedule” is to be construed in accordance with Article 9;

“Court” means the Royal Court;

“Deputy Superintendent Registrar” means a person employed under the Employment of States of Jersey Employees (Jersey) Law 2005 as a Deputy Superintendent Registrar for the purposes of the 2001 Law or a person engaged as an assistant Deputy Superintendent Registrar under Article 41(1B) of the 2001 Law;

“Marriage and Civil Status Law” means the Marriage and Civil Status (Jersey) Law 2001;

“mental disorder” has the same meaning as in the Mental Health (Jersey) Law 2016;

“Minister” means the Minister for Home Affairs;

“notice of intended civil partnership” means notice given in accordance with Article 7;

“notices of intended civil partnership book means the book maintained by the Superintendent Registrar under Article 17(2)(b) for the purposes of recording notices of intended civil partnerships;

“open-air location” means a location that is entirely in the open air or a covered temporary structure that is, at all times, exposed on all sides to the open air;

“prescribed” means, except in Articles 39 and 68, prescribed by Order of the Minister;

“registrar” has the same meaning as it has in the 2001 Law;

“relevant registrar” has the same meaning as it has in the 2001 Law;

“relevant registration duties” has the same meaning as it has in the 2001 Law, and “retained” is to be construed accordingly;

“Rules of Court” means Rules of Court made under the Royal Court (Jersey) Law 1948;

“signature verification form” is to be construed in accordance with Article 9(3);

“Superintendent Registrar” has the same meaning as in the 2001 Law.”.

“3      Formation of civil partnership

(1)     For the purposes of Article 2(1)(a), 2 people are to be regarded as having formed a civil partnership with each other –

(a)     once they have signed a civil partnership schedule at the invitation of the civil partnership celebrant and in the presence of the civil partnership celebrant and 2 witnesses, and that schedule has been signed by the civil partnership celebrant and 2 witnesses;

(b)     once they have signed a civil partnership conversion schedule, at the invitation of and in the presence of, the Superintendent Registrar or the Deputy Superintendent Registrar and that schedule has been signed by the Superintendent Registrar or the Deputy Superintendent Registrar; or

(c)     once they have signed a civil partnership conversion schedule at the invitation of the civil partnership celebrant and in the presence of the civil partnership celebrant and 2 witnesses, and that schedule has been signed by the civil partnership celebrant and 2 witnesses.

(2)     In a case falling within paragraph (1)(a), after the witnesses and the civil partnership celebrant have signed the civil partnership schedule, the civil partnership celebrant solemnizing the civil partnership must ensure that the following are recorded in the civil partnership register as soon as is reasonably practicable –

(a)     the fact that the 2 people have formed a civil partnership with each other; and

(b)     any other prescribed information.

(3)     In a case falling within paragraph (1)(b) or (c), after the civil partnership celebrant has signed the civil partnership conversion schedule, the civil partnership celebrant must ensure that the following are recorded in the civil partnership conversion register as soon as is reasonably practicable ‒

(a)     the fact that the 2 people have formed a civil partnership with each other; and

(b)     any other prescribed information.

(4)     The civil partnership conversion certificate, the civil partnership conversion schedule, the civil partnership certificate and civil partnership schedule must be in the form the Superintendent Registrar decides and must contain such particulars as may be prescribed.”.

“(1A) Paragraph (1)(b) does not prevent 2 persons who are married to each other from becoming civil partners of each other by conversion in accordance with this Law.

(1B)   Paragraph (1)(c) does not render void a civil partnership between 2 persons, at least one of whom is under 18 at the time when it is formed, if both parties were at least 16 and the civil partnership –

(a)     was formed before the date on which Article 5 of the Civil Partnership (Amendment) (Jersey) Law 2023 came into force; or

(b)     is formed after that date on the basis of a notice of intention to form a civil partnership given before that date.”.

“6A   Persons authorized to solemnize civil partnerships in Jersey

(1)     A civil partnership may only be solemnized by a civil partnership celebrant.

(2)     Every civil partnership celebrant has a duty to solemnize the civil partnership of 2 persons –

(a)     whether or not they are of the same sex or the opposite sex; or

(b)     whether or not the civil partnership is by conversion.

(3)     Article 82C of the 2001 Law applies for the purposes of civil partnerships as it applies for those of marriages.

6B     Application to give notice of intended civil partnership

(1)     Where a civil partnership is intended to be formed on the authority of a civil partnership schedule or certificate of no impediment to civil partnership issued by the Superintendent Registrar, one or both of the persons intending to form the civil partnership, or that person’s or those persons’ representative, must –

(a)     deliver to the Superintendent Registrar an application for a notice of intended civil partnership not earlier than 1 year before the intended day of the formation of the civil partnership; and

(b)     pay the prescribed fee.

(2)     The application for a notice of intended civil partnership must –

(a)     include such information as may be prescribed;

(b)     be in such form as the Superintendent Registrar may by notice require; and

(c)     be accompanied by such documents that corroborate the information required under sub-paragraph (a) as the Superintendent Registrar may by notice require, including (but not limited to) evidence of –

(i)      the identity, residence and nationality of the parties,

(ii)      the parties’ immigration status in Jersey, and

(iii)     any previous civil partnership or marriage of either of the parties and evidence that it has ended.

6C      Consideration of application for notice of intended civil partnership

(1)     The Superintendent Registrar may consider the application for notice of intended civil partnership delivered under Article 6B before the Superintendent Registrar has inspected the original or certified copy of any document delivered under Article 6B(2)(c).

(2)     The Superintendent Registrar may request such other information or documents as the Superintendent Registrar considers to be necessary and interview either or both parties to the intended civil partnership or any other person for the purpose of considering the application and in particular for the purpose of any of the following –

(a)     verifying the accuracy of any information provided or the authenticity of any document;

(b)     satisfying himself or herself that both parties are capable of consenting to the civil partnership and are entering into the civil partnership freely; and

(c)     satisfying himself or herself whether any other ground exists for not issuing a notice of intended civil partnership.

(3)     The Superintendent Registrar may –

(a)     reject any information or evidence provided under Article 6B and this Article if he or she has reasonable grounds for suspecting that information or evidence is false; and

(b)     proceed under this Law as if that rejected information or evidence had not been provided.”.

“7      Giving notice of intended civil partnership and making freedom to form a civil partnership declaration

(1)     The parties to the intended civil partnership must have been resident at their place of residence (whether in Jersey or elsewhere) for at least 7 days before they give notice of their intended civil partnership to the Superintendent Registrar.

(2)     Subject to paragraph (3), notice of intended civil partnership may not be given until the Superintendent Registrar has inspected the original or certified copies of all the documents provided in corroboration (as required under Article 6B(2)(c)) of the information required under Article 6B(2)(a) and is satisfied of their authenticity.

(3)     A notice of intended civil partnership may be given despite the Superintendent Registrar not seeing the original or certified copy of a document referred to in paragraph (2) –

(a)     where the Superintendent Registrar is otherwise satisfied that the parties to the intended civil partnership have corroborated the information provided under Article 6B(2)(a) by some other means; or

(b)     in a case where Article 14B applies.

(4)     If the Superintendent Registrar is satisfied that the information and documents referred to in Articles 6B and 6C reveal no reason why the intended civil partnership between the parties should not take place, the parties may give notice of their intended civil partnership in accordance with paragraph (5) or (6).

(5)     If the parties to the intended civil partnership attend the office of the Superintendent Registrar to give notice of their intended civil partnership they must, in the presence of the Superintendent Registrar –

(a)     both sign the notice of intended civil partnership for their intended civil partnership in the notices of intended civil partnership book; and

(b)     each sign a freedom to form a civil partnership declaration.

(6)     If the parties to the intended civil partnership do not intend to attend the office of the Superintendent Registrar to give notice of their intended civil partnership –

(a)     the Superintendent Registrar must send to the parties a notice of intended civil partnership form for their intended civil partnership and a freedom to form a civil partnership declaration in respect of each of the parties;

(b)     the parties must sign and return the notice of intended civil partnership form and the freedom to form a civil partnership declarations to the Superintendent Registrar; and

(c)     the Superintendent Registrar must, upon receipt of the documents required under sub-paragraph (b), enter a notice of intended civil partnership in the notices of intended civil partnership book.

(7)     A notice of intended civil partnership form, and an entry in the notices of intended civil partnership book, must be in such form as the Superintendent Registrar decides and must include the prescribed particulars.

(8)     A freedom to form a civil partnership declaration must be in such form as the Superintendent Registrar decides, and must include the prescribed particulars and contain the following declaration –

“I [AB] solemnly declare that I know of no legal impediment to my intended civil partnership with [BC] on grounds of kindred or affinity or on any other ground and I have not, at any time before attaining the age of 18, been a child of the family in relation to [BC].”.

(9)     In a case where paragraph (5) applies, the date upon which the parties sign the notice of intended civil partnership in the notices of intended civil partnership book is the date upon which the parties give notice of their intended civil partnership.

(10)    In the case where paragraph (6) applies, the date on which the Superintendent Registrar enters the details of the intended civil partnership in the notices of intended civil partnership book is deemed to be the date on which the parties to the civil partnership have given notice of their intended civil partnership, whether or not that date is different from the date on which the parties to the civil partnership signed the notice of intended civil partnership form.

(11)    In the case where Article 14B applies and the Superintendent Registrar has not seen the original or a certified copy of a document submitted to the Superintendent Registrar under Article 6B or 6C at the time of entering the details referred to in paragraph (11), the Superintendent Registrar must endorse upon the notices of intended civil partnership book and the notice of intended civil partnership that the notice of intended civil partnership is a provisional notice.”.

“7A   Publication of notice of intended civil partnership

(1)     The Superintendent Registrar must publish the notice of intended civil partnership any time after the notice has been given provided that it is not published more than one year before the intended date of the civil partnership and, subject to Article 14B, must be published for a period of at least 25 clear days ending on the date of the civil partnership –

(a)     at the office of the Superintendent Registrar;

(b)     on the website of the States of Jersey; and

(c)     in any other place that the Superintendent Registrar considers appropriate.

(2)     A notice of intended civil partnership is void after the expiry of one year beginning on the day on which it is first published.”.

“8      Caveat against issue of civil partnership schedule or certificate of no impediment to civil partnership

(1)     A person having reason to believe that there is lawful cause to obstruct the issue of a civil partnership schedule or certificate of no impediment to civil partnership may enter a caveat with the Superintendent Registrar against such issue.

(2)     A caveat must be signed by or on behalf of the person by whom it is entered, state the person’s place of residence and the grounds for entering the caveat.

(3)     Subject to paragraph (6), where a caveat is entered, the Superintendent Registrar must not issue a civil partnership schedule or certificate of no impediment to civil partnership until –

(a)     the Superintendent Registrar has examined into the matter of the caveat and is satisfied that it ought not obstruct the issue of a civil partnership schedule or certificate of no impediment to civil partnership; or

(b)     the caveat is withdrawn by the person who entered it.

(4)     If the Superintendent Registrar is doubtful whether to issue a civil partnership schedule or certificate of no impediment to civil partnership, the Superintendent Registrar may refer the matter of the caveat to the Inferior Number of the Royal Court.

(5)     Where the matter of a caveat is referred to the Inferior Number of the Royal Court, the Royal Court may uphold the caveat or order that the civil partnership schedule or certificate of no impediment to civil partnership be issued, and no appeal shall lie from the decision of the Royal Court.

(6)     Where a caveat is entered against a civil partnership on the ground that the persons intending to form the civil partnership are not both at least 18 years of age, the Superintendent Registrar must not issue a civil partnership schedule or certificate of no impediment to civil unless satisfied, by the production of evidence, that the persons proposing to enter into a civil partnership with each other are both at least 18 years of age, or will be at the time that the civil partnership is solemnized.

(7)     Where a caveat is entered on the ground that one of the persons intending to form the civil partnership has, at any time before attaining the age of 18 years, been a child of the family in relation to the other then, even if the caveat is withdrawn by the person who entered it, the Superintendent Registrar must not issue a civil partnership schedule or certificate of no impediment to civil partnership unless a declaration is obtained from the Inferior Number of the Royal Court under paragraph (8).

(8)     In the case described in paragraph (7), one or both of the intending civil partners may apply to the Inferior Number of the Royal Court for a declaration to the effect that the younger of them has not, at any time before attaining the age of 18 years, been a child of the family in relation to the other and, accordingly, that there is no impediment (on the grounds referred to in paragraph (7)) to the solemnization of the civil partnership.

(9)     The Inferior Number of the Royal Court, in any proceedings before it under this Article, may order the person who entered the caveat to pay all or part of the costs of the proceedings and damages to the person against whose civil partnership the caveat was entered.”.

“9      Issue of civil partnership schedule

(1)     Where a civil partnership is intended to be solemnized in Jersey, one of the parties to the intended civil partnership must, subject to Article 14B, at least 2 clear days and not more than 10 clear days before the day on which the civil partnership is to be solemnized, request the Superintendent Registrar to issue a civil partnership schedule.

(2)     The request must be accompanied by the prescribed fee.

(3)     The Superintendent Registrar must not issue a civil partnership schedule unless –

(a)     both parties to the intended civil partnership have attended the office of the Superintendent Registrar (together or separately), and in the presence of the Superintendent Registrar, have signed a signature verification form, and the Superintendent Registrar is satisfied that the signatures on the freedom to form a civil partnership declaration provided under Article 7 are the signatures of the persons signing the signature verification form;

(b)     each person who is required under Article 11 to provide a certificate of freedom to form a civil partnership has delivered the original of a valid certificate to the Superintendent Registrar;

(c)     if the notice of intended civil partnership included the particulars of an open-air location as well as an alternative location, both parties to the intended civil partnership have confirmed which of those 2 approved locations is to be the location at which the civil partnership is to be solemnized;

(d)     the Superintendent Registrar has endorsed a note upon the published notice of intended civil partnership, the notices of intended civil partnership book and on any electronic records so as accurately to record the approved location confirmed under sub-paragraph (c); and

(e)     the prescribed fee has been paid.

(4)     The Superintendent Registrar must refuse to issue a civil partnership schedule if satisfied that –

(a)     any party to the civil partnership is incapable of consenting to the civil partnership or is not entering into the civil partnership freely; or

(b)     any other ground exists for not issuing a civil partnership schedule.

(5)     Subject to paragraphs (3) and (4), the Superintendent Registrar must issue the civil partnership schedule to the civil partnership celebrant.

(6)     The civil partnership schedule and signature verification form must be in such form as the Superintendent Registrar decides and contain any prescribed particulars.

(7)     Upon issuing the civil partnership schedule, the Superintendent Registrar must also issue to the civil partnership celebrant –

(a)     three civil partnership certificates for completion at the solemnization of the civil partnership;

(b)     a notice of time and location of the civil partnership; and

(c)     the signature verification form signed by both parties to the intended civil partnership.

(8)     The civil partnership certificates must be in such form as the Superintendent Registrar decides and must contain any prescribed particulars.

(9)     A notice under paragraph (7)(b) must contain the particulars and be in the form which the Superintendent Registrar by notice requires.

(10)    Subject to Article 14B, if the civil partnership –

(a)     is not solemnized on the date specified in the civil partnership schedule;

(b)     is not solemnized at the location specified in the civil partnership schedule; or

(c)     is solemnized earlier than the time specified in the civil partnership schedule, or more than 1 hour later than the time specified in the civil partnership schedule,

the civil partnership schedule is void and no person may solemnize the civil partnership on its authority.”.

“11    Civil partnership in Jersey by non-Jersey resident: certificate of freedom to form a civil partnership issued by other authority

(1)     Any person whose ordinary place of residence is outside Jersey must, if the person intends to form a civil partnership in Jersey, deliver to the Superintendent Registrar a valid certificate of freedom to form a civil partnership issued in respect of that person by the civil partnership authority in the jurisdiction of the person’s ordinary place of residence.

(2)     The Superintendent Registrar may require a person who intends to form a civil partnership in Jersey to deliver to the Superintendent Registrar a certificate of freedom to form a civil partnership issued in respect of that person by the civil partnership authority of the jurisdiction in which that person previously resided or the jurisdiction of the person’s nationality where –

(a)     the person has been resident in the person’s ordinary place of residence for a total period of less than 2 years; or

(b)     the Superintendent Registrar reasonably considers that additional checks are necessary to be satisfied that no lawful impediment exists to prevent the person from freely entering into the intended civil partnership.

(3)     For the purposes of this Law, a certificate of freedom to form a civil partnership is a document (whether or not described as a certificate of freedom to form a civil partnership) that provides official confirmation from a civil partnership authority that, according to the law of that jurisdiction, the person is not married or a civil partner and accordingly is free to enter into a civil partnership or marriage.

(4)     The certificate of freedom to form a civil partnership must –

(a)     include the full names of the parties to the intended civil partnership and the approved location where the civil partnership is intended to be solemnized;

(b)     be issued not more than 3 months before the intended date of civil partnership; and

(c)     if it contains a date of expiry, be a date that falls after the date of the intended civil partnership.

(5)     If the approved location required to be included under paragraph (4)(a) is an open-air location, the certificate of freedom to form a civil partnership may include an alternative location.

(6)     The Superintendent Registrar may require the certificate of freedom to form a civil partnership to be authenticated by way of an apostille applied to the document or in such other manner as the Superintendent Registrar may reasonably specify.

(7)     The Superintendent Registrar may refuse to issue a civil partnership schedule in respect of any person intending to form a civil partnership in Jersey who fails to deliver to the Superintendent Registrar a valid certificate of freedom to form a civil partnership required under paragraph (1) or (2) unless the Superintendent Registrar is satisfied –

(a)     that the failure is beyond the control of the person in respect of whom the requirement applies; or

(b)     that the civil partnership authority referred to in paragraph (1) or (2) does not issue any such certificates.

(8)     In this Article “civil partnership authority”, in relation to a jurisdiction, means the person or body responsible for the maintenance of public records of the formation of marriages and civil partnerships.”.

“12    Issue of certificate of no impediment by Superintendent Registrar for civil partnership outside Jersey

(1)     A party to an intended civil partnership who is resident in Jersey and whose civil partnership is intended to be solemnized outside Jersey may request the Superintendent Registrar to issue a certificate of no impediment to civil partnership in respect of that person.

(2)     Subject to Article 14B, the request must be made before the day on which the civil partnership is to be solemnized and must be accompanied by the prescribed fee.

(3)     The Superintendent Registrar must not issue a certificate of no impediment to civil partnership under paragraph (1) unless –

(a)     the notice of intended civil partnership has been published in accordance with Article 7A;

(b)     the Superintendent Registrar is satisfied that that each party to the civil partnership will be of full age when it is solemnized;

(c)     the person requiring the certificate of no impediment to civil partnership has attended the office of the Superintendent Registrar and signed the certificate of no impediment to civil partnership in the Superintendent Registrar’s presence; and

(d)     the prescribed fee has been paid.

(4)     The Superintendent Registrar must sign the certificate of no impediment to civil partnership and endorse upon it the date on which it is signed and must issue the certificate of no impediment to civil partnership to the person who requested it, or to the person’s representative unless –

(a)     any lawful impediment has been shown to the Superintendent Registrar’s satisfaction;

(b)     the Superintendent Registrar is satisfied that a party to the civil partnership is incapable of consenting to it or is not entering into the civil partnership freely; or

(c)     the Superintendent Registrar is satisfied that any other ground exists for not issuing a certificate of no impediment to civil partnership.

(5)     The certificate of no impediment to civil partnership –

(a)     must state the date upon which notice of intended civil partnership was given;

(b)     must state the residence of the person to whom it relates; and

(c)     may be in the form the Superintendent Registrar decides and contain the prescribed particulars, together with any other information that appears to the Superintendent Registrar to be relevant in the circumstances.

(6)     A certificate of no impediment to civil partnership issued under this Article –

(a)     is only valid for a civil partnership that takes place on the date and at the location indicated on the certificate; and

(b)     remains valid for a period of 3 months from the date the notice of intended civil partnership was given.

(7)     A certificate of no impediment to civil partnership is void if it is not issued in accordance with this Article and no person may solemnize the civil partnership on its authority.”.

“13    Approved locations

(1)     Subject to Article 14B, a civil partnership may be solemnized only at an approved location.

(2)     The Minister must by Order establish a scheme for the approval by an approving authority of any location for the purpose of solemnizing civil partnerships at that location.

(3)     The scheme must not permit approval to be given in respect of a location unless the approving authority is of the opinion that the location is suitable for upholding the dignity and solemnity of civil partnership.

(4)     An approval for a location under the scheme must be an approval for any civil partnership to be solemnized at that location.

(5)     An Order made under paragraph (2) may include provision in respect of any of the following matters –

(a)     the kinds of locations in respect of which approvals may be granted;

(b)     the type and nature of an approval and any matter that is or is not relevant to an approval;

(c)     the procedures in relation to applications for approval and the determination of applications;

(d)     the information required to be given in an application for approval and any supporting documents to be supplied;

(e)     the persons to be consulted in relation to the application for, or revision or revocation of, an approval;

(f)      the inspection of a location;

(g)     the matters to be taken into account, or not to be taken into account, when determining whether to approve a location;

(h)     the duration, renewal, revision or revocation of approvals;

(i)      the conditions that must or may be imposed on the grant or renewal of approvals;

(j)      the determination and charging of fees in respect of applications for, or the grant of, approvals and in respect of renewals, revisions or revocations of approvals, including any fees that must or may be payable before an application may be considered;

(k)     the circumstances in which approvals must or may be revoked;

(l)      the review or appeal of any decision to refuse the approval, or the renewal of approval, or to impose conditions on the grant or renewal of approval or to revoke approval;

(m)    requirements as to the notification of any person of any matter related to the grant, renewal, revision or revocation of any approval, including any appeal;

(n)     any other purpose incidental to the approval of a location for the solemnization of civil partnerships.

(6)     Approval must not be given for the solemnization of civil partnerships at a location that is the usual place of public religious worship according to the rites of the Church of England or any other location that is certified by the Minister as the usual place of public religious worship of any religious organization.

(7)     An approving authority must not approve a location belonging to the Connétable or the parish unless the Minister consents to that location being an approved location.

(8)     The Minister may delegate the power to consent to a matter referred to in paragraph (7).

(9)     Any premises that were approved under this Law for the solemnization of civil partnerships immediately before the coming into force of the Civil Partnership (Amendment) (Jersey) Law 2023 are deemed to be approved locations under this Article for the purpose of solemnizing civil partnerships for a period of 12 months commencing on the day that Law comes into force.

(10)    In this Article “approving authority” means the Connétable of the parish in which a location that is subject to an application for approval under the scheme in Article 13 is situated or such other person to whom the Connétable may delegate the responsibility for approving locations for the purposes of this Law.”.

“14    Solemnization of civil partnership

(1)     This Article is subject to Articles 14A and 14B.

(2)     Where a civil partnership schedule states that a civil partnership between the persons named in it is intended to be solemnized in an approved location and by the civil partnership celebrant named in that schedule, the civil partnership may be solemnized only in that location and by that civil partnership celebrant in accordance with this Article, but otherwise according to such form and ceremony as those persons may see fit to adopt.

(3)     A civil partnership must be solemnized –

(a)     between the hours of 8 a.m. and 7 p.m.; and

(b)     except in the case of a civil partnership by conversion, in the presence of 2 or more witnesses, in addition to the civil partnership celebrant.

(4)     The civil partnership celebrant must ensure that a notice of the solemnization of the civil partnership is displayed at the approved location named in the civil partnership schedule for at least one hour before the commencement of the ceremony and until the conclusion of the ceremony.

(5)     The notice of the solemnization of the civil partnership displayed under paragraph (4) must contain the forenames and surnames of both parties to the civil partnership and the time, date and location of the solemnization of the civil partnership.

(6)     Members of the public must be permitted to attend the solemnization of a civil partnership freely and without charge.

(7)     Except in the case of a civil partnership by conversion, each of the parties to the civil partnership must, in some part of the civil partnership ceremony and in the presence of the witnesses and the civil partnership celebrant –

(a)     make the following declaration –

“I solemnly declare that I know of no lawful reason why I, [AB], may not be joined in civil partnership to [CD]”; and

(b)     say to the other person –

“I call upon the persons here present to witness that I, [AB], take you, [CD], to be my lawful civil partner”.

(8)     Subject to paragraph (9), a civil partnership celebrant must not permit any civil partnership solemnized by the celebrant to include any religious ritual or symbol or permit prayers or any religious worship or service to be conducted during the civil partnership ceremony.

(9)     A civil partnership celebrant must permit any civil partnership solemnized by the celebrant to contain any of the following –

(a)     hymns, songs or chants, whether or not they contain any references of a religious nature;

(b)     readings from the Bible or other holy books or any other reading that contains any references of a religious nature;

(c)     vows or statements of commitment by the persons to each other that make any references of a religious nature, provided that any such vow or statement does not replicate any made in any religious ceremony.

(10)    A civil partnership celebrant must permit candles, lights, incense, ribbons and other decorations provided that the celebrant is satisfied that they are not used in contravention of paragraph (8).

(11)    After the parties have made the declaration under paragraph (7) the parties to the civil partnership and the witnesses must sign the civil partnership schedule and the civil partnership certificates.

(12)    The civil partnership celebrant, if satisfied that the parties celebrating the civil partnership are the same parties whose signatures are on the signature verification form given to the celebrant by the Superintendent Registrar, must sign and date the civil partnership schedule and the civil partnership certificates.

(13)    The parties to the civil partnership become civil partners upon the signing of the civil partnership schedule by the civil partnership celebrant after the parties have signed that schedule.

(14)    Two of the civil partnership certificates may be kept by the parties to the civil partnership.

(15)    The Superintendent Registrar may charge prescribed fees for the solemnization of a civil partnership by the Superintendent Registrar or the Deputy Superintendent Registrar on approved premises and, in the case of a civil partnership on the premises provided for the Superintendent Registrar, for the use of those premises.

(16)    Nothing in this Article requires a civil partnership celebrant to solemnize a civil partnership on a particular day or at a particular time.

14A   Changes to date, time or location of intended civil partnership

(1)     If the parties to an intended civil partnership wish to change the date or time of the civil partnership contained in the notice of intended civil partnership, both parties must notify the Superintendent Registrar in writing of the new date or time (subject to Article 14B) –

(a)     in the case of a change of time, not later than 25 clear days before the date of the civil partnership ceremony;

(b)     in the case of a change of date which is earlier than the date contained in the notice of intended civil partnership, not later than 25 clear days before the new date of the intended civil partnership ceremony; or

(c)     in the case of a change of date which is later than the date contained in the notice of intended civil partnership, not later than 25 clear days before the date given in the notice of intended civil partnership.

(2)     If the parties to a civil partnership intended to take place in Jersey wish to change the approved location, or alternative location, as the case may be, of the intended civil partnership contained in the notice of intended civil partnership, both parties must (subject to Article 14B) notify the Superintendent Registrar in writing of the new approved location or the new alternative location, as the case may be, not later than 25 clear days before the date of the intended civil partnership.

(3)     The Superintendent Registrar must, as soon as reasonably practicable after receiving notice under paragraph (1) or (2), and upon payment of the prescribed fee, endorse a note of any change of date, time or approved location or alternative location upon the published notice of intended civil partnership, the notices of intended civil partnership book and on any electronic records so as to accurately record the change of date, time, approved location or alternative location.

(4)     Where for any reason a civil partnership in respect of which a notice of intended civil partnership has been published is not to take place, the Superintendent Registrar must endorse a note in the notices of intended civil partnership book and on any electronic records to that effect.

14B   Civil partnership: special circumstances

(1)     This Article applies where special circumstances exist such that persons intending that their civil partnership should be solemnized on the authority of a civil partnership schedule or a civil partnership conversion schedule wish to –

(a)     have their civil partnership solemnized in a location that is not an approved location;

(b)     have their civil partnership solemnized at a time outside the hours of 8.00 a.m. to 7.00 p.m.;

(c)     have their civil partnership solemnized earlier than 25 clear days after the publication of the notice of intended civil partnership under Article 7A; or

(d)     change the date, time, approved location or alternative location of the civil partnership specified in the notice of intended civil partnership.

(2)     For the purposes of paragraph (1), special circumstances are any of the following –

(a)     one or both of the parties to the intended civil partnership are expected to die within 3 months of applying for notice of intended civil partnership under Article 7A;

(b)     whether before or after the delivery of the application for a notice of intended civil partnership, one or both of the parties to the intended civil partnership are, or become, physically incapacitated such that it would be impossible to solemnize the civil partnership in an approved location;

(c)     one or both of the parties to the intended civil partnership are unable to solemnize the civil partnership by reason of illness or unforeseen or unavoidable circumstances;

(d)     one or both of the parties to the intended civil partnership are detained in prison or under the Mental Health (Jersey) Law 2016, such that it would be impossible to solemnize the civil partnership at an approved location;

(e)     an emergency has arisen such that it is impractical or impossible –

(i)      for the approved location named in the civil partnership schedule or the civil partnership conversion schedule to be used, or

(ii)      for the civil partnership celebrant named in the civil partnership schedule or the civil partnership conversion schedule to solemnize the civil partnership.

(3)     The Minister must prescribe the requirements and procedures that apply for allowing the solemnization of a civil partnership between two persons according to a wish referred to in paragraph (1), which may, in particular, include –

(a)     the application process for seeking to solemnize a civil partnership in special circumstances;

(b)     the fees payable;

(c)     the medical evidence, information or documents that must be provided, or need not be provided, in support of an application for permission to solemnize a civil partnership in special circumstances;

(d)     the timescales that apply or may be disapplied for making applications, giving notice, issuing declarations, schedules or certificates or searches in relation to a civil partnership in special circumstances;

(e)     the requirements for providing original documents and attending the office of the Superintendent Registrar;

(f)      the time and location for the solemnization of a civil partnership; and

(g)     the requirements for annotating any applications, notice, register or other document in consequence of any civil partnership being solemnized in special circumstances.”.

“17    Keeping of records relating to civil partnership

(1)     The Superintendent Registrar must retain an electronic copy of every application, information and document provided to the Superintendent Registrar under this Law by any person, whether received in electronic or paper form.

(2)     The Superintendent Registrar must keep, in the form the Superintendent Registrar decides, and containing the prescribed particulars –

(a)     a register of authorized civil celebrants;

(b)     a notices of intended civil partnership book;

(c)     a register of approved locations;

(d)     an index of the names of the parties to any civil partnership solemnized or converted in Jersey under this Law;

(e)     a copy of the entries in the civil partnership registers and civil partnership conversion registers held by each registrar.

(3)     The Superintendent Registrar must keep in date order one copy of the civil partnership schedule or civil partnership conversion schedule –

(a)     for every civil partnership ceremony or civil partnership conversion ceremony which the Superintendent Registrar solemnizes; or

(b)     which is delivered to the Superintendent Registrar by an authorized civil celebrant under Article 17A(1).

(4)     The book, registers, indexes, notices and entries kept under paragraph (2) and the copies kept under paragraph (3) must be open to public inspection free of charge during the hours and at the locations published by the Superintendent Registrar.

(5)     The relevant registrars must keep up to date and in such form and manner as the Superintendent Registrar may by notice require –

(a)     a register of all civil partnerships that took place in the parish before the coming into force of the Civil Partnership (Amendment) (Jersey) Law 2023; and

(b)     the civil partnership schedules and civil partnership conversion schedules in respect of all the civil partnerships that take place in the parish.

(6)     The registers and other documents and information which are required to be kept under this Article must be kept in permanent form, which may include their being kept electronically.

(7)     The Minister may prescribe the matters that may or must be endorsed upon any book, registers, indexes, notices or entries kept under this Law.”.

“17A Retention of civil partnership schedule etc.

(1)     As soon as reasonably practicable after the solemnization of a civil partnership, an authorized civil celebrant must return to the Superintendent Registrar each of the signature verification forms and all of the following that apply in the particular case –

(a)     the civil partnership schedule:

(b)     the civil partnership conversion schedule;

(c)     the civil partnership certificate;

(d)     the civil partnership conversion certificate.

(2)     If the relevant registration duties are not retained, the Superintendent Registrar must, as soon as reasonably practicable upon receipt of the civil partnership schedule or civil partnership conversion schedule –

(a)     complete the entries in the civil partnership register, for the parish in which the civil partnership is solemnized, held by the Superintendent Registrar with the details contained in the civil partnership schedule or civil partnership conversion schedule; and

(b)     retain the original civil partnership schedules and civil partnership conversion schedules for each parish in respect of which the Superintendent Registrar is responsible for the relevant registration duties in date order in which the civil partnership was solemnized.

(3)     If the relevant registration duties are retained, the Superintendent Registrar must, as soon as reasonably practicable upon receipt of the civil partnership schedule or civil partnership conversion schedule –

(a)     complete the entries in the copy civil partnership register, for the parish in which the civil partnership is solemnized, held by the Superintendent Registrar with the details contained in the civil partnership schedule or civil partnership conversion schedule; and

(b)     return the original civil partnership schedule or civil partnership conversion schedule to the registrar of the parish in which the civil partnership was solemnized.

(4)     Where paragraph (3) applies, the registrar must keep –

(a)     subject to sub-paragraph (b), in the date order in which each civil partnership is solemnized, a register of all civil partnerships that are solemnized in the registrar’s parish;

(b)     in the order in which each marriage is converted to a civil partnership, a register of all the conversions that are solemnized in the registrar’s parish.

(5)     The Superintendent Registrar must pay the registrar the prescribed fee for each civil partnership which the registrar registers under paragraph (4) and for the provision of returns or registers.”.

“(1A) Paragraphs (2) and (3) apply in respect of a parish where the relevant registration duties are retained.”.

“20    Proof of certain matters not necessary to validity of civil partnerships

(1)     Subject to Article 22A, where a civil partnership has been solemnized under this Law, it is not necessary, in any proceedings in the Family Division of the Royal Court relating to the civil partnership, to give any proof –

(a)     that, before the civil partnership, either of the intended civil partners resided, or resided for any period, at the location stated in the notice of intended civil partnership to be his or her place of residence;

(b)     subject to Article 14B, that the location in which the civil partnership was solemnized was an approved location at the time of the solemnization; or

(c)     that the civil partnership celebrant was authorized under this Law to solemnize the civil partnership and solemnised the civil partnership in accordance with the conditions of that authorization.

(2)     A civil partnership solemnized in accordance with Article 14B in a location which, at the time of the solemnization, is not an approved location is valid as if the location were an approved location.

(3)     A civil partnership which is solemnized otherwise than in accordance with Article 14(8) is as valid as if it had been solemnized in accordance with Article 14(8).”.

“21A Official searches of records by Superintendent Registrar

(1)     Any person may apply to the Superintendent Registrar for a search to be made of the books, indexes, registers, notices or entries held at the office of the Superintendent Registrar and at the Royal Court and for the applicant to be supplied with a certificate containing details of such of the following matters as are recorded in any of those books, indexes, registers, notices or entries –

(a)     any civil partnership or marriage to which the applicant was a party;

(b)     any decree for a divorce, nullity of marriage or presumption of death in respect of a marriage to which the applicant was a party;

(c)     any decree for the dissolution of a civil partnership, nullity of a civil partnership or presumption of death in respect of a civil partnership to which the applicant was a party;

(d)     any change of name of the applicant;

(e)     the birth of the applicant;

(f)      the death of any former spouse or civil partner of the applicant.

(2)     The applicant must pay the prescribed fee for any search conducted under this Article at the office of the Superintendent Registrar or the Royal Court.

(3)     The application for a search under paragraph (1) must be in such form as the Superintendent Registrar may by notice require, and contain the prescribed information.

(4)     The Superintendent Registrar must, as soon as reasonably practicable after receiving the application and prescribed fee –

(a)     search the records of the Superintendent Registrar; and

(b)     request the Judicial Greffier of the Royal Court to search the records of the Royal Court.

(5)     After the searches under paragraph (4) have been completed, the Superintendent Registrar must issue to the applicant a search certificate setting out the information in paragraph (6)(a) or (b), as the case may require.

(6)     The search certificate must –

(a)     state that there is no trace of any previous civil partnership or marriage by the applicant in Jersey, if that is the case; or

(b)     if the search has confirmed the existence of a previous civil partnership or marriage by the applicant in Jersey, provide –

(i)      the date of and the parties to that previous civil partnership or marriage and, if it has ended, the date on which it ended and whether that was by nullity, dissolution or death, and

(ii)      details of any record of the birth of the applicant or change of name or any gender recognition certificate of the applicant.

(7)     A search certificate provided in accordance with this Article is to be received as evidence of the matters stated in it without further proof.

(8)     A search certificate under this Article is not evidence of a person’s residence in Jersey.”.

“21B  Co-operation and disclosure

(1)     The Superintendent Registrar may disclose to any person any information or documents obtained in exercise of the Superintendent Registrar’s functions under this Law and request information and make such enquiries as the Superintendent Registrar thinks fit for the purpose of –

(a)     verifying the accuracy of any application or information delivered to the Superintendent Registrar or the authenticity of any document provided to the Superintendent Registrar under this Law; or

(b)     determining whether any ground exists for the Superintendent Registrar to refuse to issue any notice, schedule, certificate or declaration.

(2)     The Superintendent Registrar may, in particular, disclose information or documents to, and request information from, the following persons and bodies in connection with the exercise of the Superintendent Registrar’s functions under this Law –

(a)     the Royal Court;

(b)     the Attorney General;

(c)     any Minister of the States of Jersey;

(d)     any Connétable or employee of a parish;

(e)     a police officer;

(f)      an immigration officer;

(g)     an officer of the Impôts.

(3)     The Superintendent Registrar may, at the request of any person who carries out functions in another jurisdiction similar to the functions of the Superintendent Registrar in respect of civil partnerships, disclose to that person any information that the Superintendent Registrar reasonably believes may assist that other person in the exercise of that person’s functions in that other jurisdiction.

(4)     The Superintendent Registrar may disclose information to, and request information from, any person who carries out similar functions in another jurisdiction to the functions of a police officer, an immigration officer or an officer of the Impôts investigating the immigration status of a person intending to form a civil partnership in that other jurisdiction, if the Superintendent Registrar reasonably believes that the information may assist that other person in the exercise of that person’s functions in that other jurisdiction.

(5)     In this Article, “immigration officer” means an immigration officer appointed under Schedule 2 to the Immigration Act 1971 of the United Kingdom, as extended to the Bailiwick of Jersey by the Immigration (Jersey) Order 1993.”.

“22A Civil partnerships which are void

A civil partnership is void if it is knowingly and intentionally formed by 2 people –

(a)     without having given due notice of intended civil partnership to the Superintendent Registrar;

(b)     without a civil partnership schedule or a civil partnership conversion schedule having been duly issued;

(c)     on the authority of a civil partnership schedule or a civil partnership conversion schedule that has been issued after one or both parties to the civil partnership have provided information or documents to the Superintendent Registrar that are false or inaccurate;

(d)     on the authority of a civil partnership schedule or a civil partnership conversion schedule when one of the civil partners has provided false information about that civil partner’s immigration status;

(e)     on the authority of a civil partnership schedule which is void under Article 9(10);

(f)      on the authority of a civil partnership conversion schedule which is void under Article 26AD(17);

(g)     on the authority of a certificate of no impediment which is void under Article 12(7);

(h)     in the case of a civil partnership purporting to be solemnized in an approved location, at any location that is not approved at the time the civil partnership is solemnized or, as the case may be, for the purposes of that civil partnership, unless Article 14B applies;

(i)      in the absence of a civil partnership celebrant; or

(j)      except where Article 14B applies, at a time, place or date that is not specified as the time, date or place of the civil partnership in the civil partnership schedule or the civil partnership conversion schedule.”.

“23    Offences relating to the solemnization of a civil partnership

(1)     A person commits an offence if the person, knowingly and voluntarily, makes a false declaration or signs any false document or otherwise provides false information for the purpose of –

(a)     giving notice of intended civil partnership (including by conversion);

(b)     obtaining –

(i)      any civil partnership schedule,

(ii)      any civil partnership conversion schedule, or

(iii)     any certificate of no impediment to civil partnership (including by conversion); or

(c)     having a civil partnership solemnized (including by conversion).

(2)     The Superintendent Registrar commits an offence if the Superintendent Registrar, knowingly and voluntarily –

(a)     issues a civil partnership schedule, civil partnership conversion schedule or a certificate of no impediment to civil partnership pursuant to a notice of intended civil partnership where the resulting civil partnership would be void by virtue of Article 22A;

(b)     issues a civil partnership schedule where there are fewer than 25 clear days between the date on which the notice of intended civil partnership was given and the date of the civil partnership specified in that notice, unless Article 14B applies;

(c)     issues a civil partnership conversion schedule where there are fewer than 2 clear days between the date on which the notice of conversion was given and the date of the civil partnership conversion specified in that notice, unless Article 14B applies;

(d)     issues a certificate of no impediment to civil partnership where there are fewer than 25 clear days between the date on which the certificate of no impediment to civil partnership was issued and the date of the civil partnership specified on the notice of intended civil partnership;

(e)     issues a schedule or certificate on which a lawful objection has been entered unless the Superintendent Registrar has determined (in a case where the Superintendent Registrar is empowered to do so) that the objection is without merit, or the Inferior Number of the Royal Court has ordered that the schedule or certificate may nevertheless be issued;

(f)      authorizes an authorized civil celebrant to solemnize a civil partnership in a location that is not an approved location for civil partnerships, unless Article 14B applies; or

(g)     authorizes an authorized religious official to solemnize a civil partnership.

(3)     A person commits an offence if the person, knowingly and voluntarily, to solemnize a civil partnership which would be void under this Law.

(4)     A person commits an offence if the person, knowingly and voluntarily, solemnizes a civil partnership –

(a)     on the authority of a civil partnership schedule or civil partnership conversion schedule which is void; or

(b)     before the expiry of any period required by this Law to elapse after the issue of the civil partnership schedule or civil partnership conversion schedule (as the case requires) and before the solemnization of the civil partnership.

(5)     A person commits an offence if the person, knowingly and voluntarily, solemnizes a civil partnership on the authority of a civil partnership schedule –

(a)     subject to sub-paragraph (b), in a location other than an approved location specified in the notice of intended civil partnership and civil partnership schedule; or

(b)     in a case where Article 14B applies, otherwise than at the location approved under that Article.

(6)     A person other than a civil partnership celebrant commits an offence if that person solemnizes a civil partnership.

(7)     A person commits an offence if that person, knowingly and voluntarily –

(a)     subject to sub-paragraph (b), officiates at the conversion of a marriage to a civil partnership in a place other than that specified in the notice of intended conversion or the civil partnership conversion schedule; or

(b)     in a case where Article 14B applies, officiates at the conversion of a marriage to a civil partnership otherwise than at the location approved under that Article.

(8)     A person commits an offence if the person, knowingly and voluntarily, makes a false declaration or signs any false document or otherwise provides false or inaccurate information –

(a)     for the purpose of an application for an authorization of a person as an authorized civil celebrant;

(b)     for the purpose of an application for approval of a location as an approved location.

(9)     A person guilty of an offence under this Article is liable to imprisonment for a term of 5 years and to a fine.

23A   Offences relating to the registration of civil partnerships

(1)     A person commits an offence if, without reasonable cause or excuse, the persons fails to comply with a requirement imposed under this Law or by any person pursuant to this Law or an Order made under it –

(a)     to provide particulars of a civil partnership (including a civil partnership by conversion); or

(b)     to complete or deliver any certificate.

(2)     A person guilty of an offence under paragraph (1) is liable to a fine of level 2 on the standard scale.

(3)     A person commits an offence if the person –

(a)     refuses or, without reasonable excuse, omits to record or register any civil partnership which the person is required by this Law, or an Order made under it, to record or register;

(b)     registers or causes to be registered a civil partnership otherwise than in accordance with the requirements of this Law or an Order made under it;

(c)     carelessly loses or damages a book, register or document that the person is required by this Law, or an Order made under it to keep or to carelessly allow any such book, register or document to be damaged while in the person’s keeping; or

(d)     fails, without reasonable excuse, to deliver any book, register, document or make any return that the person is required to deliver or make by this Law, or an Order made under it.

(4)     A person guilty of an offence under paragraph (3) is liable to a fine of level 3 on the standard scale.

(5)     A person commits an offence if the person –

(a)     knowingly provides false particulars for the purpose of the registration of a civil partnership under this Law;

(b)     voluntarily destroys, damages or alters, or causes to be destroyed, damaged or altered, any book, register or document required to be kept by this Law or an Order made under it;

(c)     forges or causes to be falsely made or forged any book, register or document required to be kept by this Law or an Order made under it, or any certified copy of any entry made or document kept under this Law or an Order made under it; or

(d)     voluntarily makes or causes to be made a false entry in a book or register required to be kept by this Law or an Order made under it or certifies a copy of such an entry, knowing it to be false.

(6)     A person guilty of an offence under paragraph (5) is liable to imprisonment for a term of 5 years and to a fine.”.

“24A Amendment of periods specified in this Part

The Minister may by Order amend any period specified in this Part and in Part 2AA, other than a maximum period of imprisonment.”.

“Part 2AA

Civil Partnership by Conversion

26AA Application for conversion

(1)     Subject to Article 14B (civil partnerships: special circumstances), where spouses wish to convert their marriage to a civil partnership, one or both of the spouses, or a representative of one of both of them, must –

(a)     deliver to the Superintendent Registrar an application for a conversion not earlier than 1 year before the day of the intended conversion; and

(b)     pay the prescribed fee.

(2)     The parties to the intended conversion must have been resident at their place of residence (whether in Jersey or elsewhere) for at least 7 days before they make their application to the Superintendent Registrar.

(3)     The application for a conversion must –

(a)     include the prescribed information;

(b)     be in the form the Superintendent Registrar may by notice require; and

(c)     be accompanied by such documents that corroborate the information required under sub-paragraph (a) as the Superintendent Registrar may by notice require, including (but not limited to) –

(i)      evidence of the identity, residence and nationality of the parties,

(ii)      evidence of the parties’ immigration status in Jersey, and

(iii)     evidence that when the marriage was formed, if it had instead been a civil partnership, it would not have been a void civil partnership under any provision of this Law.

26AB Consideration of application for conversion

(1)     The Superintendent Registrar may consider the application for a conversion delivered under Article 26AA before inspecting the original or certified copy of any document referred to in Article 26AA(3)(c) but must not issue a civil partnership conversion schedule unless the Superintendent Registrar has inspected the original or certified copy of those documents.

(2)     The Superintendent Registrar may request any other information or documents as he or she considers to be necessary and interview either or both of the parties to the intended conversion or any other person for the purpose of considering the application and, in particular, for the purpose of –

(a)     verifying the accuracy of any information provided or authenticity of any document;

(b)     being satisfied that both parties are capable of consenting to the conversion and are entering into the civil partnership freely; and

(c)     being satisfied whether any other ground exists for not issuing a conversion schedule.

(3)     If the Superintendent Registrar concludes that the information and documents referred to in Article 26AA(3) and paragraph (2) reveal no reason why the parties to the marriage may not enter into a civil partnership by conversion, the Superintendent Registrar must notify the parties to the marriage of that conclusion.

26AC Issue of conversion schedule

(1)     One or both of the parties to the intended civil partnership must, subject to Article 14B, at least 2 clear days and not more than 10 clear days before the day on which the civil partnership by conversion is to be solemnized, request the Superintendent Registrar to issue a conversion schedule for signing by the parties to the marriage.

(2)     The request must be accompanied by the prescribed fee.

(3)     The Superintendent Registrar must not issue a conversion schedule unless –

(a)     both parties to the intended conversion have, during the period specified in paragraph (1) attended the office of the Superintendent Registrar (together or separately), and have –

(i)      brought with them the original or certified copy of the documents required under Articles 26AA(3)(c) and 26AB(2),

(ii)      confirmed the location of the solemnization of the civil partnership by conversion, and

(iii)     signed a signature verification form in the presence of the Superintendent Registrar;

(b)     subject to paragraph (5), the Superintendent Registrar has inspected the original or certified copies of all the documents provided in corroboration of the information required under Articles 26AA(3) and 26AB(2) and is satisfied as to their authenticity; and

(c)     the prescribed fee has been paid.

(4)     The Superintendent Registrar must refuse to issue the conversion schedule if the Superintendent Registrar is satisfied that –

(a)     any party to the marriage is incapable of consenting to the conversion or is not entering into the civil partnership freely; or

(b)     any other ground exists for not issuing a conversion schedule.

(5)     Subject to paragraphs (3) and (4), the Superintendent Registrar must issue a conversion schedule to the civil partnership celebrant.

(6)     The Superintendent Registrar may issue a conversion schedule for completion by the parties to the marriage, despite not seeing the original or certified copy of a document referred to in paragraph (3)(b) in a case where Article 14B applies or where the Superintendent Registrar is otherwise satisfied that the parties to the intended conversion have corroborated any information provided under Articles 26AA(3) and 26AB(2) by some other means.

(7)     Upon issuing the conversion schedule the Superintendent Registrar must also issue to the civil partnership celebrant –

(a)     the form for entering details of the civil partnership by conversion into the conversion register held by the relevant registrar;

(b)     3 civil partnership certificates for completion at the solemnization of the civil partnership; and

(c)     a signature verification form signed by both parties to the intended civil partnership.

(8)     The conversion schedule, signature verification form and the civil partnership certificates are to be in the form the Superintendent Registrar decides and contain the prescribed particulars.

26AD Civil partnership by conversion: solemnization

(1)     This Article is subject to Article 14B.

(2)     A civil partnership by conversion may be solemnized between the hours of 8 a.m. and 7 p.m. by a civil partnership celebrant.

(3)     The civil partnership by conversion may be solemnized –

(a)     upon payment to the Superintendent Registrar or a Deputy Superintendent Registrar of the prescribed fee; or

(b)     upon such payment as an authorized civil celebrant and the parties to the marriage may agree is payable for the services of the authorized civil celebrant.

(4)     If the parties to the marriage do not wish to have any ceremony other than making the declarations contained in paragraph (9), the civil partnership by conversion must be solemnized by the Superintendent Registrar or a Deputy Superintendent Registrar at any approved location for the solemnization of civil partnerships.

(5)     If the parties to the marriage wish to have any ceremony in addition to making the declarations contained in paragraph (9), the civil partnership by conversion must be solemnized by a civil partnership celebrant at any approved location for the solemnization of civil partnerships.

(6)     A civil partnership celebrant must not, subject to paragraph (7), permit the ceremony during which any civil partnership by conversion is solemnized by the celebrant under this Article to include any religious ritual or symbol or permit prayers or any religious worship or service to be conducted during the civil partnership ceremony.

(7)     A civil partnership celebrant must permit any ceremony during which a civil partnership by conversion is solemnized by the celebrant to contain any of the following –

(a)     hymns, songs or chants, whether or not they contain any references of a religious nature;

(b)     readings from the Bible or other holy books or any other reading that contains any references of a religious nature;

(c)     vows or statements of commitment by the persons to each other that make any references of a religious nature, provided that any such vow or statement does not replicate any made in any religious marriage ceremony.

(8)     A civil partnership celebrant must permit the use of candles, lights, incense, ribbons and other decorations, provided that the celebrant is satisfied that they are not used in contravention of paragraph (6).

(9)     Each of the parties to the marriage must in the presence of the civil partnership celebrant make the following declaration to each other –

“I, [AB], solemnly declare that I am married to you, [CD], and I know of no lawful reason why we may not convert our marriage into a civil partnership.

I understand that in making this declaration I will be converting our marriage into a civil partnership and that you, [CD]. will thereby become my civil partner.”.

(10)    After the parties to the marriage have made the declaration in paragraph (9), they must sign the conversion schedule and the civil partnership certificates in the presence of each other and the civil partnership celebrant.

(11)    The civil partnership celebrant, if satisfied that the parties converting the marriage are the same parties whose signatures are on the signature verification form supplied by the Superintendent Registrar, must sign and date the conversion schedule and the civil partnership certificates.

(12)    The parties to the conversion become civil partners of each other upon the signing of the conversion schedule by the civil partnership celebrant.

(13)    Two civil partnership certificates may be kept by the civil partners to the conversion.

(14)    Nothing in this Article is to be construed as requiring a civil partnership celebrant to attend the solemnization of a civil partnership by conversion under this Article on a particular day or at a particular time.

(15)    A marriage that is converted to a civil partnership under this Law –

(a)     if it was solemnized before 2nd April 2012 (the date on which this Law as originally enacted came into operation), is to be treated as having become a civil partnership on that date; or

(b)     if was solemnized on or after that date, is to be treated for all purposes as if it had always been a civil partnership.

(16)    Parties to a marriage who convert their marriage to a civil partnership under this Law are to be treated for all purposes as if they had become civil partners of each other on the later of –

(a)     the date on which their marriage was solemnized; or

(b)     2nd April 2012.

(17)    Subject to Article 14B, if the conversion of a marriage to a civil partnership –

(a)     is not solemnized on the date specified in the civil partnership conversion schedule;

(b)     is not solemnized in the location specified in the civil partnership conversion schedule; or

(c)     is solemnized earlier than the time specified in the civil partnership conversion schedule, or more than 1 hour later than the time specified in the civil partnership conversion schedule,

the civil partnership conversion schedule is void and no person may solemnize the civil partnership on its authority.”.

“26CA    Change to process for issue of civil partnership conversion schedule

(1)     A person requesting the issue of a civil partnership conversion schedule –

(a)     is not required to comply with Article 26AC(3)(a); but

(b)     must comply with this Article.

(2)     This Article is complied with if –

(a)     over an audio-visual link in which the Superintendent Registrar and the person can see and hear each other, the Superintendent Registrar –

(i)      positively identifies the person,

(ii)      sees and hears the person make a solemn declaration that the person believes that there is no impediment to the conversion of the marriage to a civil partnership, and

(iii)     sees the person sign the declaration;

(b)     the person sends the signed declaration to the Superintendent Registrar; and

(c)     the Superintendent Registrar certifies, on the signed declaration, that sub-paragraph (a) was complied with.

(3)     For the purposes of Article 26AC(3), a request is deemed to be made in accordance with Article 26AC if Article 26AC(1) and (2) and this Article are complied with.

(4)     Paragraphs (1) to (3) do not have effect during any period for which paragraphs (1) to (3) of Article 26A do not have effect.”.

“(5)    In this Article –

“arrangements” includes factors (such as the layout of the venue and the number of guests) that influence whether physical distancing and other safety measures can be achieved as well as the conduct of the people attending the ceremony;

“qualified registrar” means the Superintendent Registrar or a Deputy Superintendent Registrar.”.

“26G Change to approval of locations”.

“72A Fees

(1)     The Superintendent Registrar may charge such fees as may be prescribed for such services, incidental to the performance of his or her functions under this Law, as may be prescribed.

(2)     The Superintendent Registrar may refuse to issue a form, notice, certificate or schedule under this Law if the fee prescribed for that form, notice, certificate or schedule has not been paid.

(3)     A fee paid under this Law is not refundable except in prescribed circumstances.”.

“5      Person domiciled in Jersey

For the purposes of this Law, 2 people are not to be treated as having formed a civil partnership if (outside Jersey) they register an overseas relationship at a time when at least one of them is domiciled in Jersey, and –

(a)     at least one of them is under 18 years of age; or

(b)     one of them falls within the list in paragraph 1 of Schedule 2 in relation to the other.”.

“(e)    the civil partnership had itself been formed by the conversion of a marriage.”.

“(15)  If a civil partnership which is converted to a marriage under this Law was formed in Jersey or elsewhere in the British Islands –

(a)     the marriage must be treated as having been formed on the date on which the civil partnership was formed; and

(b)     the civil partners must be treated as having married on the date on which the civil partnership was formed.

(16)    If a civil partnership which is converted to a marriage was formed outside the British Islands –

(a)     the marriage must be treated as having been formed on the later of –

(i)      the date on which the overseas civil partnership was registered (under the relevant law), or

(ii)      2nd April 2012 (being the date on which the Civil Partnership (Jersey) Law 2012 as originally enacted came into force); and

(b)     the civil partners must be treated as having married on the date on which the marriage is treated as having been formed in accordance with sub-paragraph (a).”.

“(2)    Upon granting the application, the Court shall issue to the applicant a gender recognition certificate.”;

“(A1) This Article applies if, immediately before the coming into force of the Civil Partnership (Amendment) (Jersey) Law 2023, an interim certificate is in force.”;

“(6)    This Article ceases to have effect one year after the Civil Partnership (Amendment) (Jersey) Law 2023 comes into force.”.

“(4)    In relation to the protected characteristic of sexual orientation, direct discrimination includes –

(a)     treating people who are married to, or civil partners of, each other and who are of the same sex less favourably than people who are married to, or civil partners of, each other and who are of a different sex, and vice versa; and

(b)     treating people (whether of the same sex or of different sexes) who are civil partners less favourably than people (whether of the same sex or of different sexes) who are married, and vice versa.”.

“Schedule 2

(Article 4)

Prohibited degrees of relationship

1        Relations with whom person may not form a civil partnership

(1)     Two people are within a prohibited degree of relationship if one falls within the list in sub-paragraph (2) in relation to the other.

(2)     The list referred to in sub-paragraph (1) is –

adoptive child

child

former adoptive child

grandchild

parent’s sibling

sibling

sibling’s child.

(3)     In the list in sub-paragraph (2) “sibling” means brother, sister, half-brother or half-sister.

2        Conditional prohibition on former child of the family forming civil partnership with close relative

(1)     Two people are within a prohibited degree of relationship if one of them falls within the list in sub-paragraph (2) in relation to the other, unless the younger has not at any time before reaching the age of 18 been a child of the family in relation to the other.

(2)     The list referred to in sub-paragraph (1) is –

adoptive child of former civil partner

adoptive child of former spouse

adoptive grandchild of former civil partner

adoptive grandchild of former spouse

grandchild of former civil partner

grandchild of former spouse.

3        Conditional prohibition on forming civil partnership with former close relative by marriage or civil partnership

Two persons are within a prohibited degree of relationship if one falls within the description in column 1 of the following Table in relation to the other unless the persons mentioned in the corresponding entry in column 2 of the Table are dead.

“Schedule 3

(Article 10)

Fees payable under the Law