MARRIAGE AND CIVIL STATUS (JERSEY) LAW
2001
____________
A LAW to revise
the law relating to the prohibited degrees of relationship for marriage, the
solemnization of marriages, the registration of births, marriages and deaths,
and the appointment of the Superintendent Registrar, the registrars of parishes
and other officers, and for connected purposes; sanctioned by Order of Her
Majesty in Council of the
14th day of NOVEMBER 2001
____________
(Registered on the 7th day of December 2001)
____________
STATES OF JERSEY
____________
The 24th day of July 2001
____________
THE STATES, subject
to the sanction of Her Most Excellent Majesty in Council, have adopted the
following Law -
PART 1
PRELIMINARY AND RESTRICTIONS ON
MARRIAGE
Interpretation
ARTICLE 1
Interpretation
(1) In this Law, unless the
context requires otherwise -
“1995
Law” means the Inquests and Post-Mortem Examinations (Jersey)
Law 1995;
“approved
premises” shall be construed in accordance with Article 18(1);
“authorized
person” means, in relation to a registered building, a person authorized
under Article 16;
“banns”
means banns of matrimony;
“brother”
includes a brother of the half-blood;
“child
of the family”, in relation to any person, means another person who, when
not of full age, has lived in the same household as that person and been
treated by that person as a child of his family;
“clergyman”
means the Dean, a priest or deacon;
“Committee”
means the Etat Civil Committee;
“Dean”
includes the Vice-Dean;
“delegate”
means a person appointed under Article 19;
“deputy
registrar” means a person chosen or appointed as such under Article 42;
“Deputy
Superintendent Registrar” means a person appointed as such under Article
41;
“illegitimate
child” means a child who is not legitimate by birth, as defined in
Article 2(1) of the Legitimacy (Jersey) Law
1973;
“marriage
notice book” means the book kept pursuant to Article 22(1)(a);
“notice
of marriage” means notice given in accordance with Article 8;
“parish
assembly” means, in relation to a parish, the assembly of principals and
officers of the parish;
“prescribed”
means, except in Article 28(2) and Article 40, prescribed by Order of the
Committee;
“register
of authorized persons” means the register kept pursuant to Article
22(1)(c);
“register
of buildings” means the register kept pursuant to Article 22(1)(b);
“register
of delegates” means the register kept pursuant to Article 22(1)(d);
“registered
building” means a building registered under Article 15;
“registered
medical practitioner” shall have the same meaning as in the Medical
Practitioners (Registration) (Jersey) Law
1960;
“registrar”
means a person chosen or appointed as such under Article 42;
“sister”
includes a sister of the half-blood;
“Superintendent
Registrar” means the person appointed as such under Article 41;
“working
day” means any day other than Christmas Day, Good Friday, a Sunday or a
day observed as a bank holiday pursuant to the Public Holidays and Bank
Holidays (Jersey) Law 1951.
(2) For the purposes of
this Law, relationship by blood shall include such a relationship even though
arising otherwise than by lawful marriage.
(3) In this Law, any
reference to the registrar in relation to the solemnization of a marriage or in
relation to a birth, stillbirth or death means the registrar of the parish in
which the marriage is solemnized or the birth, stillbirth or death occurs, and
includes his deputy.
(4) A reference in this Law
to a Part, Article or Schedule by number only, and without further
identification, is a reference to the Part, Article or Schedule of that number
in this Law.
(5) A reference in an
Article or other division of this Law to a paragraph, sub-paragraph or clause
by number or letter only, and without further identification, is a reference to
the paragraph, sub-paragraph or clause of that number or letter contained in
the Article or other division of the Law in which the reference appears.
(6) Unless the context
requires otherwise, a reference in this Law to an enactment is a reference to
that enactment as amended from time to time and includes a reference to that
enactment as extended or applied under another enactment, including another
provision of this Law.
Restrictions on marriage
ARTICLE 2
General restrictions on marriage
(1) A marriage shall be
void on the ground that -
(a) at the time of the
solemnization of the marriage, either party is under the age of 16; or
(b) the parties are not
respectively male and female; or
(c) at the time of the
solemnization of the marriage, either party is already lawfully married.
(2) A person whose marriage
is void on the ground that the other party is under the age of 16 shall not be
guilty of the offence mentioned in the first section of Article 4 of the Loi
(1895) modifiant le droit criminel or of the offence of indecent
assault if he establishes that, at the time of commission of the alleged
offence, he had sufficient reason to believe that the person in respect of whom
the offence is alleged to have been committed was his wife.
ARTICLE 3
Prohibition of marriage with person of same descent
A
marriage solemnized between a man and any of the persons mentioned in column 1
of Schedule 1, or between a woman and any of the persons mentioned in column 2 of
that Schedule, shall be void.
ARTICLE 4
Restriction on marriage with former stepson, stepdaughter, etc.
(1) Subject to paragraph
(2), a marriage solemnized -
(a) between a man and -
(i) his former
wife’s daughter or granddaughter, or
(ii) his father’s or
grandfather’s former wife; or
(b) between a woman and -
(i) her former
husband’s son or grandson, or
(ii) her mother’s or
grandmother’s former husband,
shall be void.
(2) Any marriage to which
paragraph (1) applies shall not be void by reason only of that paragraph if -
(a) both the parties to the
marriage are of full age at the time of the marriage; and
(b) the younger party has
not, at any time before attaining full age, been a child of the family in
relation to the other party.
ARTICLE 5
Restriction on marriage with former son-in-law, daughter-in-law, etc.
(1) Subject to paragraph
(2), a marriage solemnized -
(a) between a man and -
(i) his former
wife’s mother, or
(ii) his son’s former
wife; or
(b) between a woman and -
(i) her former
husband’s father, or
(ii) her daughter’s
former husband,
shall be void.
(2) Any marriage to which
paragraph (1) applies shall not be void by reason only of that paragraph if
both the parties to the marriage are of full age at the time of the marriage
and the marriage is solemnized -
(a) in the case of a
marriage between a man and his former wife’s mother, after the death of
both the former wife and her father;
(b) in the case of a
marriage between a man and his son’s former wife, after the death of both
of his son and his son’s mother;
(c) in the case of a
marriage between a woman and her former husband’s father, after the death
of both her former husband and his mother;
(d) in the case of a
marriage between a woman and her daughter’s former husband, after the
death of both her daughter and her daughter’s father.
ARTICLE 6
Marriage of a minor
(1) Where the marriage of a
minor is intended to be solemnized on the authority of any licence or
certificate, the consent of the persons specified in Schedule 2 shall be
required.
(2) The issuer may refuse
to issue any certificate or licence unless satisfied by production of written
evidence that the consent of that person or of those persons has in fact been
obtained.
(3) Where the consent of
any person whose consent is required cannot be obtained, by reason of absence
or inaccessibility or by reason of his being under a disability, the issuer of
the licence or certificate may dispense with the consent of that person.
(4) Where the issuer
refuses to dispense with the consent of any person, the Inferior Number of the Royal Court may, on
the application of the minor, give consent in place of that person.
(5) Where any person whose
consent is required refuses consent, the Inferior Number of the Royal Court may, on
the application of the minor, give consent in place of that person.
(6) Where an application is
made in consequence of a refusal to give consent, notice of the application
shall be served on the person who has refused consent.
(7) Where the marriage of a
minor is intended to be solemnized after the publication of banns then, if any
person whose consent would have been required for the solemnization of the
marriage on the authority of any licence or certificate openly and publicly
declares or causes to be declared in the church in which the banns are
published, at the time of publication, his dissent from the intended marriage,
the publication of banns shall be void.
(8) In this Article, any
reference to the issuer means the Superintendent Registrar, in relation to any
licence or certificate which may be issued by him under this Law, and the Dean,
in relation to an ordinary or special licence.
PART 2
MARRIAGE UNDER LICENCE OR CERTIFICATE OF SUPERINTENDENT REGISTRAR
ARTICLE 7
Interpretation of Part 2
In
this Part, “licence” means a licence issued by the Superintendent
Registrar under Article 11.
Marriage under licence or
certificate
ARTICLE 8
Notice of marriage
(1) Subject to paragraph
(2), where persons intend to solemnize their marriage on authority of a licence
or certificate of the Superintendent Registrar, one of them shall give notice
of marriage to the Superintendent Registrar.
(2) Notice of marriage may
only be given if one of the persons to be married has been ordinarily resident
at their place of residence (whether in the Island
or elsewhere) for at least 7 days before the notice is given.
(3) Notice of marriage
shall be -
(a) in the prescribed form
and contain the prescribed particulars;
(b) accompanied by such
documents as the Superintendent Registrar may require;
(c) accompanied by such fee
as may be prescribed; and
(d) given not more than 3
months and not less than 2 weeks before the day on which it is intended to
solemnize the marriage.
(4) Subject to paragraphs
(5) and (6), where notice of marriage is given, the Superintendent Registrar
shall, as soon as is practicable, enter in the marriage notice book -
(a) the particulars
contained in the notice of marriage;
(b) the facts of any
declaration given under paragraph (5)(b).
(5) The Superintendent
Registrar shall not enter notice of a marriage to which Article 4(2) applies in
the marriage notice book unless -
(a) he is satisfied, by the
production of evidence, that both the persons to be married are of full age;
and
(b) he is given a
declaration made in the prescribed form by each of those persons, each
declaration having been signed and attested in the prescribed manner,
specifying how they are related and declaring that the younger of those persons
has not, at any time before attaining full age, been a child of the family in
relation to the other.
(6) The Superintendent
Registrar shall not enter notice of a marriage to which Article 5(2) applies in
the marriage notice book unless satisfied, by the production of evidence -
(a) that both the parties
to be married are of full age; and
(b) that the 2 other
persons related, in the manner described in Article 5(2), to the parties to be
married are both dead.
(7) The Superintendent
Registrar shall keep all notices of marriage and declarations described in
paragraph (5)(b) given to him with the other documents in his charge.
(8) The Superintendent Registrar
shall display, in the entrance to or outside his office -
(a) a list of notices of
marriage; and
(b) particulars of a notice
of marriage for which he has not yet granted a licence or certificate.
(9) A notice of marriage
shall be void after the expiry of 3 months from the day on which it is entered
into the marriage notice book.
ARTICLE 9
Caveat against licence
or certificate of Superintendent Registrar
(1) A
person having reason to believe that there is lawful cause to obstruct the issue
of a licence or certificate may enter a caveat with the Superintendent
Registrar against such issue.
(2) A caveat shall be
signed by or on behalf of the person by whom it is entered, state his place of
residence and the grounds for entering the caveat.
(3) Subject to paragraph
(6), where a caveat is entered, the Superintendent Registrar shall not issue a
licence or certificate until -
(a) he has examined into
the matter of the caveat and is satisfied that it ought not to obstruct the
issue of a licence or certificate; or
(b) the caveat is withdrawn
by the person who entered it.
(4) If the Superintendent
Registrar is doubtful whether to issue a licence or certificate, he 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 Court may uphold the
caveat or order that the licence or certificate be issued and no appeal shall
lie from the decision of the Court.
(6) Where a caveat is
entered against a marriage to which Article 4 applies, on the ground that the
persons to be married are not both of full age or that one of those persons
has, at any time before attaining full age, 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 shall not issue a licence or
certificate unless a declaration is obtained from the Inferior Number of the
Royal Court under paragraph (7).
(7) In the case described
in paragraph (6), one of the persons to be married may apply to the Inferior
Number of the Royal Court for a declaration that, both those persons being of
full age and the younger of those persons not having been, at any time before
attaining full age, a child of the family in relation to the other, there is no
impediment of affinity to the solemnization of the marriage.
(8) The Inferior Number of
the Royal Court
may, in any proceedings before it under this Article, 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 marriage the caveat was entered.
ARTICLE 10
Forbidding of issue of licence or
certificate
(1) Any person whose
consent is required under Article 6 to a marriage intended to be solemnized on
the authority of a licence or certificate may forbid the issue of a licence or
certificate by writing, at any time before its issue, the word
“forbidden” in the margin of the marriage notice book next to the
entry of the notice of marriage and subscribing to that word his name, place of
residence and the capacity, in relation to either of the persons to be married,
in which he forbids the issue of the licence or certificate.
(2) Where the issue of a
licence or certificate is forbidden under paragraph (1), the notice of marriage
and all proceedings on it shall be void.
(3) Where the Inferior
Number of the Royal Court consents to a marriage under Article 6(5), in the
place of a person who has refused consent, that person shall not be entitled to
forbid the issue of a licence or certificate for that marriage under this
Article and the notice of marriage and proceedings on it shall not be void by
virtue of this Article.
ARTICLE 11
Marriage on authority of licence
(1) Where a marriage is
intended to be solemnized in the Island, one of the persons to be married may,
not less than 7 days after notice of the marriage is given and not less than 3
working days before the day on which the marriage is to be solemnized, and upon
payment of such fee as may be prescribed, request the Superintendent Registrar
to issue a licence.
(2) The person requesting
the licence shall, at the time of the request, make a solemn declaration or
affirmation before the Superintendent Registrar that he or she believes there
is no impediment of kindred or alliance or other lawful hindrance to the
marriage.
(3) Where a request is made
in accordance with this Article, the Superintendent Registrar shall issue a
licence in the prescribed form and containing the prescribed particulars unless
-
(a) any lawful impediment
to its issue has been shown to his satisfaction; or
(b) its issue has been
forbidden under Article 10 by any person authorized in that behalf.
(4) A marriage may be
solemnized on authority of a licence only in any registered building or on any
approved premises.
ARTICLE 12
Marriage on authority of certificate issued outside the Island
(1) Where a marriage is
intended to be solemnized in the Island between a British subject resident in
the Island and a British subject resident elsewhere in the British Islands, a
certificate for marriage issued by a superintendent registrar in England and
Wales, by the Registrar General or his Deputy in Guernsey or by a registrar in
Northern Ireland or the Isle of Man or a certificate of due publication of
notice of intention to marry issued by a registrar in Scotland shall be
recognized and have effect for the purposes of the solemnization of that
marriage as if it were a licence.
(2) The Committee may by
Order make provision, for the purposes of the solemnization of a marriage in
the Island between a person resident in the Island and a person resident
elsewhere, for a certificate or licence issued according to the law of another
place and to which paragraph (1) does not apply to be recognized and have
effect as if it were a licence.
ARTICLE 13
Certificate for solemnization of
marriage outside the Island
(1) Where -
(a) a marriage is intended
to be solemnized outside the Island and
(b) one or both of the
persons to be married is ordinarily resident in the Island,
one of the persons to be married
may, not less than 21 days after notice of the marriage is given and upon
payment of such fee as may be prescribed, request the Superintendent Registrar
to issue a certificate.
(2) The person requesting
the certificate shall, at the time of the request, make a solemn declaration or
affirmation before the Superintendent Registrar that he or she believes there
is no impediment of kindred or alliance or other lawful hindrance to the
marriage.
(3) Where a request is made
in accordance with this Article, the Superintendent Registrar shall issue a
certificate in the prescribed form and containing the prescribed particulars
unless -
(a) any lawful impediment
to its issue has been shown to his satisfaction; or
(b) its issue has been
forbidden under Article 10 by any person authorized in that behalf.
(4) A certificate issued
under this Article shall be void after the expiry of 12 months from the day on
which notice of the marriage is entered into the marriage notice book.
ARTICLE 14
Period of validity of licence
(1) A marriage may be
solemnized on the authority of a licence -
(a) within 3 months from
the day in which notice of the marriage is entered into the marriage notice
book; and
(b) within 14 days from the
day on which the licence is issued.
(2) If the marriage is not
solemnized within the periods described in paragraph (1), the notice of
marriage and any licence which may have been granted on it shall be void and no
person shall solemnize the marriage on its authority.
Marriage in registered building
ARTICLE 15
Registration of buildings
(1) The
owner or trustee of a building used as a place of meeting for public religious
worship by an established and recognized religion or church, other than a
building of the Anglican Church, may apply to the Connétable of the
parish in which the building is situated for the building to be registered for
the solemnization of marriages in it.
(2) An application for
registration of a building shall be in such form and accompanied by such
information as the Connétable may require.
(3) Where an application is
made in accordance with this Article the Connétable shall, if satisfied
that the building is used as described in paragraph (1), direct the
Superintendent Registrar to -
(a) enter in the register
of buildings the name and full postal address of the building, the name and
address of the applicant, the date the entry is made and such other information
as the Connétable may require;
(b) issue a certificate of
registration, in such form as may be prescribed, to the applicant; and
(c) give notice of the
registration of the building in the Jersey Gazette.
(4) For every entry,
certificate and notice made, issued or given under paragraph (3), the
Superintendent Registrar shall be entitled to receive from the applicant such
fee as may be prescribed.
(5) A building may be
registered for the solemnization of marriages under this Article whether it is
a separate building or forms part of another building.
(6) Where the
Connétable of the parish in which a registered building is situated is
satisfied that the building has ceased to be used for public religious worship
by the religion or church which so used it at the time of registration, he
shall cancel the registration of the building and direct the Superintendent
Registrar to -
(a) enter in the register
of buildings the fact and date of cancellation; and
(b) give notice of
cancellation of the registration of the building in the Jersey Gazette.
(7) Where the registration
of a building has been cancelled under this Article, it shall not be lawful to
solemnize any marriage in that building, unless the building has been
registered again in accordance with this Article.
ARTICLE 16
Authorized persons
(1) Upon the request of the
owner or trustee of a registered building, the Connétable of the parish
in which the building is situated shall authorize a person or persons nominated
by the owner or trustees to solemnize and register marriages in that building,
for the purpose of enabling marriages to be solemnized in that building without
the presence of the registrar of the parish in which that building is situated.
(2) Upon authorizing a
person under paragraph (1), the Connétable shall direct the
Superintendent Registrar to enter in the register of authorized persons -
(a) the name of the person
so authorized;
(b) the name of the
registered building in relation to which he is authorized; and
(c) the date the
authorization is given by the Connétable.
(3) Upon the request of the
owner or trustee of a registered building, made at any time, the Connétable
of the parish in which the building is situated shall -
(a) cancel the
authorization of the person in relation to that building; and
(b) direct the
Superintendent Registrar to enter in the register of authorized persons the
fact and date of cancellation.
(4) Any request under this
Article shall be in such form as the Connétable may require.
(5) A person may be
authorized -
(a) in relation to a
registered building, on more than one occasion; and
(b) in relation to more
than one registered building.
(6) An authorized person
shall carry out such duties relating to the solemnization and registration of
marriages in the registered building as may be specified in and prescribed
under this Law.
ARTICLE 17
Solemnization of marriage in registered building
(1) Where a notice of
marriage and a licence state that a marriage between the persons named in those
documents is intended to be solemnized in a registered building also named in
those documents, the marriage may be solemnized in that building in accordance
with this Article but otherwise according to such form and ceremony as those
persons may see fit to adopt.
(2) A marriage solemnized
in a registered building shall be solemnized -
(a) between the hours of 8
in the morning and 7 in the afternoon;
(b) in the presence of 2 or
more witnesses; and
(c) by an authorized person
or in the presence of the registrar of the parish in which the building is
situated.
(3) Members of the public
shall be permitted to attend freely the solemnization of a marriage in a
registered building.
(4) Where a marriage is
solemnized in a registered building, each of the persons contracting the
marriage shall, in some part of the ceremony and in the presence of the
witnesses and the authorized person or registrar -
(a) make the following
declaration -
“I
solemnly declare that I know not of any lawful reason why I, AB, may not be joined in marriage 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 wedded wife [or
husband]”.
(5) A registrar may charge
such fee for his attendance at the solemnization of a marriage in a registered
building as may be prescribed.
(6) Nothing in this Article
shall be construed as requiring a registrar to attend the solemnization of a
marriage in a registered building on a particular day or at a particular time.
(7) The States may by
Regulations amend paragraph (2)(a) so as to vary the hours between which a
marriage may be solemnized.
Marriage on approved premises
ARTICLE 18
Approved premises
(1) The following shall be
approved premises for the purposes of this Law -
(a) in the case of a
specified marriage, the premises approved by the Connétable of the
parish in which the premises are situated under this Article for the purposes
of that marriage; and
(b) in any case -
(i) premises for the
time being approved by the Connétable of the parish in which the
premises are situated for a specified period of time under this Article, and
(ii) the premises provided
for the Superintendent Registrar pursuant to Article 44.
(2) The Committee shall by
Order establish a scheme for the approval of premises for a specified marriage
or for a specified period of time.
(3) An Order made under
paragraph (2) may include provision -
(a) for the kinds of
premises in respect of which approvals may be granted;
(b) for the procedure to be
followed in relation to applications for approval;
(c) for the considerations
to be taken into account by a Connétable in determining whether to
approve any premises;
(d) for the duration and
renewal of approvals;
(e) for the conditions that
shall or may be imposed on the grant or renewal of approvals;
(f) for the
determination and charging of fees in respect of applications for and the grant
of the approval of premises and in respect of renewals of approvals;
(g) for the circumstances
in which approvals shall or may be revoked;
(h) for the review of any
decision to refuse approval or the renewal of approval, to impose conditions on
the grant or renewal of approval or to revoke approval;
(j) requiring a
Connétable to inform the Superintendent Registrar of the grant, renewal
or revocation by him of any approval;
(k) requiring the
Superintendent Registrar to maintain a register of approved premises and make
the register available for public inspection.
ARTICLE 19
Delegates of Superintendent
Registrar
(1) Subject to paragraph
(2), the Committee may, upon the recommendation of the Superintendent
Registrar, appoint one or more persons to act as delegate of the Superintendent
Registrar for the purpose of enabling marriages to be solemnized on approved
premises by persons other than the Superintendent Registrar.
(2) Subject to paragraph
(4), an appointment shall have effect for 3 years beginning on the date it is
made by the Committee.
(3) Upon appointing a
person as delegate, the Committee shall direct the Superintendent Registrar to
enter in the register of delegates -
(a) the name of the person
so appointed; and
(b) the date the
appointment is made by the Committee.
(4) The Committee may, at
any time, upon the recommendation of the Superintendent Registrar -
(a) cancel the appointment
of a person as a delegate; and
(b) direct the
Superintendent Registrar to enter in the register of delegates the date of
cancellation by the Committee.
(5) A delegate shall -
(a) take an oath before the
Royal Court to well and faithfully perform the duties imposed on him by and
under this Law; and
(b) solemnize such
marriages on approved premises and carry out such duties relating to the
solemnization of marriages on approved premises and the registration of such
marriages as the Superintendent Registrar directs.
ARTICLE 20
Solemnization of marriage on
approved premises
(1) Where a notice of
marriage and a licence state that a marriage between the persons named in those
documents is intended to be solemnized on approved premises also named in those
documents, the marriage may be solemnized on those premises in accordance with
this Article.
(2) A marriage solemnized
on approved premises shall be solemnized -
(a) between the hours of 8
in the morning and 7 in the afternoon;
(b) in the presence of 2 or
more witnesses; and
(c) by the Superintendent
Registrar or his delegate.
(3) Members of the public
shall be permitted to attend freely the solemnization of a marriage on approved
premises.
(4) Where a marriage is
solemnized on approved premises, each of the persons contracting the marriage
shall, in accordance with Article 17(4), make the declarations and use the
forms of words set out in that paragraph.
(5) No religious service
shall be used at the solemnization of a marriage on approved premises.
(6) The Superintendent Registrar
may charge such fees as may be prescribed for the solemnization of a marriage
by him or his delegate on approved premises and, in the case of a marriage on
the premises provided for him, for the use of those premises.
(7) Nothing in this Article
shall be construed as requiring the Superintendent Registrar or his delegate to
solemnize a marriage on any approved premises on a particular day or at a
particular time.
(8) The States may by
Regulations amend paragraph (2)(a) so as to vary the hours between which a
marriage may be solemnized.
ARTICLE 21
Marriage of person incapacitated by illness or disability
(1) This Article applies
where persons intending to solemnize their marriage on the authority of a
licence wish, by reason that one of them is incapacitated by illness or
disability, to solemnize their marriage at the place where the incapacitated
person is.
(2) The notice of marriage
shall be accompanied by a medical statement in the prescribed form made, not
more than 14 days before the date on which the notice is given, by a registered
medical practitioner of his opinion that, at the time he makes the statement -
(a) the incapacitated
person, by reason of illness or disability, ought not to be moved from the
place where he or she is at that time; and
(b) it is likely to be the
case for at least the following 3 months that, by reason of the illness or
disability, he or she ought not to move or be moved from that place.
(3) A marriage may be
solemnized pursuant to this Article only by the Superintendent Registrar or his
delegate or by an authorized person and the person giving notice of marriage
shall, at the same time -
(a) request that the
marriage be solemnized by the Superintendent Registrar or his delegate; or
(b) give the name of the authorized
person by whom the marriage is intended to be solemnized.
(4) The Superintendent
Registrar shall keep the medical statement with the notice of marriage and,
when entering the particulars contained in the notice of marriage in the
marriage notice book, shall also enter the fact that the medical statement has
been given.
(5) Notwithstanding Article
11(4), where paragraphs (2) and (3) have been complied with, the Superintendent
Registrar may, if he considers it appropriate to do so, issue a licence under
Article 11 -
(a) authorizing the
solemnization of the marriage at the place where the incapacitated person is,
which shall be named in the licence; and
(b) specifying that the
marriage shall be solemnized only by an authorized person named in the licence
or by the Superintendent Registrar or his delegate.
(6) Where the marriage is
solemnized by an authorized person, Article 17(2) to (4) shall apply as if any
references in them to a registered building were references to the place where
the incapacitated person is.
(7) Where the marriage is
solemnized by the Superintendent Registrar or his delegate, Article 20(2) to
(7) shall apply as if any references in them to approved premises were
references to the place where the incapacitated person is.
Miscellaneous
ARTICLE 22
Keeping of book and registers relating to marriage
(1) The Superintendent
Registrar shall keep -
(a) a marriage notice book
for the purposes of Article 8;
(b) a register of buildings
for the purposes of Article 15;
(c) a register of persons
authorized under Article 16; and
(d) a register of delegates
appointed under Article 19.
(2) The book and registers
kept under this Article shall be open to public inspection free of charge
during normal working hours.
(3) The registers to be
kept under this Article shall be kept in permanent form, which may include
their maintenance on a computer.
ARTICLE 23
Proof of certain matters not necessary to validity of marriages
(1) Where
a marriage has been solemnized under this Part, it shall not be necessary, in
support of the marriage, to give any proof -
(a) that, before the
marriage, either of the parties to be married resided, or resided for any
period, at the place stated in the notice of marriage to be his or her place of
residence;
(b) that any person whose
consent to the marriage is required under Article 6 has given his consent; or
(c) that the building in
which the marriage was solemnized was a registered building at the time of the
solemnization,
nor shall any evidence be given to
prove the contrary in any proceedings touching the validity of the marriage.
(2) A marriage purporting
to be solemnized in accordance with Article 17 in a building which, at the time
of the solemnization, is not a registered building, shall be valid as if the
building had been a registered building.
ARTICLE 24
Marriages void under Part 2
If
any persons knowingly and intentionally intermarry under this Part -
(a) without having given
due notice of marriage to the Superintendent Registrar;
(b) without a licence
authorizing the solemnization of the marriage having been duly issued;
(c) on the authority of a
licence which is void by virtue of Article 14(2);
(d) in any place other than
the registered building, approved premises or pursuant to Article 21, place
specified in the notice of marriage and licence;
(e) in the case of a
marriage purporting to be solemnized on approved premises, on any premises that
are not approved premises at the time the marriage is solemnized or, as the
case may be, for the purposes of that marriage;
(f) in the case of a
marriage in a registered building, in the absence of an authorized person or
the registrar of the parish;
(g) in the case of a
marriage on approved premises, in the absence of the Superintendent Registrar
or his delegate; or
(h) in the case of a
marriage in another place, pursuant to Article 21, in the absence of the
authorized person named in the licence or the Superintendent Registrar or his
delegate,
the marriage shall be void.
PART 3
MARRIAGE ACCORDING TO RITES OF ANGLICAN CHURCH
ARTICLE 25
Interpretation of Part 3
In
this Part, unless the context requires otherwise -
“licence”
means an ordinary or special licence of the Dean;
“parish”
means an ecclesiastical parish and includes an ecclesiastical district or
parish established by any enactment or Order in Council or constituted under a
scheme prepared by the Church Commissioners for England or, formerly, the
Ecclesiastical Commissioners for England, and the expression
“parish church” shall be construed accordingly.
ARTICLE 26
Methods of solemnizing marriage
A
marriage according to the rites of the Anglican Church may be solemnized -
(a) after the publication
of banns; or
(b) on the authority of a
licence.
Marriage after publication of banns
ARTICLE 27
Place of publication of banns
(1) Subject to this Law,
where it is intended to solemnize a marriage after the publication of banns,
the banns shall be published -
(a) if the persons to be
married reside in the same parish, in the parish church of that parish; or
(b) if the persons to be
married reside in different parishes, in the parish church of each of those
parishes.
(2) In addition to the
publication of banns in accordance with paragraph (1), banns may be published
in any parish church which is the usual place of worship of either or both of
the parties to be married, although neither of them resides in the parish to
which the church belongs.
ARTICLE 28
Time and manner of publication of banns
(1) Banns shall be
published on 3 Sundays preceding the solemnization of the marriage during
morning service or, if there is no morning service on a Sunday on which the
banns are to be published, during evening service.
(2) Banns shall be
published in an audible manner and in accordance with the form of words
prescribed by the rubric prefixed to the office of matrimony in the Book of
Common Prayer.
(3) The Churchwarden of a
church in which marriages may be solemnized shall provide a book of banns
conforming to such specifications as may be prescribed.
(4) The officiating
clergyman shall publish banns from the book of banns for the church and not
from loose papers and, after each publication, the entry in the book shall be
signed by him or by some person under his direction.
ARTICLE 29
Notice to clergyman before
publication of banns
No
clergyman shall be obliged to publish banns unless the persons to be married,
at least one month before the day on which the marriage is to be solemnized,
deliver to him a written notice stating -
(a) the date of delivery of
the notice;
(b) the christian names,
surname and place of residence of each of the persons to be married;
(c) the period for which
each of them has resided at his or her place of residence; and
(d) the intended date for
solemnization of the marriage.
ARTICLE 30
Persons by whom banns may be published
(1) Subject to this
Article, it shall not be lawful for any person other than a clergyman to
publish banns.
(2) Where, on any Sunday,
in any church in which banns may be published, a clergyman does not officiate
at the service at which it is usual in that church to publish banns, the banns
may be published -
(a) by a clergyman at some
other service at the church at which banns may be published; or
(b) subject to paragraph
(3), by a layman during the course of a public reading authorized by the Dean
of a portion or portions of the service of morning or evening prayer, the
public reading being at the hour when the service at which it is usual to
publish banns is commonly held or at such other hour as the Dean may authorize.
(3) Banns shall not be
published by a layman unless the incumbent or minister in charge of the said
church, or some other clergyman nominated in that behalf by the Dean, has made
or authorized to be made the requisite entry in the book of banns of the said
church.
(4) Where a layman
publishes banns, he shall sign the book of banns provided under Article 28 and,
for that purpose, shall be deemed to be the officiating clergyman within the
meaning of that Article.
ARTICLE 31
Certification of publication of banns
(1) Where a marriage is
intended to be solemnized after the publication of banns and the persons to be
married do not reside in the same parish, a clergyman shall not solemnize the
marriage in the parish in which one of those persons resides unless there is
produced to him a certificate that the banns have also been published, in
accordance with this Part, in the parish in which the other person resides.
(2) Where a marriage is
intended to be solemnized in a church of a parish in which neither of the
persons to be married resides, after the publication of banns in that church by
virtue of Article 27(2), a clergyman shall not solemnize the marriage
unless there is produced to him -
(a) if the persons to be
married reside in the same parish, a certificate that the banns have been
published in accordance with this Part in that parish; or
(b) if the persons to be
married do not reside in the same parish, certificates that the banns have been
published in accordance with this Part in each parish in which one of them
resides.
(3) A certificate required
under this Article shall be signed by the incumbent or minister in charge of
the building in which the banns were published or by another clergyman
nominated in that behalf by the Dean.
ARTICLE 32
Solemnization of marriage after publication of banns
(1) Subject to this Part,
where banns have been published, the marriage shall be solemnized in the church
or, as the case may be, one of the churches in which the banns have been
published.
(2) Where a marriage is not
solemnized within 3 months after the completion of the publication of the
banns, that publication shall be void and no clergyman shall solemnize the
marriage on their authority.
ARTICLE 33
Publication of banns elsewhere in the British Islands
or in the Republic of
Ireland
Where
a marriage is intended to be solemnized in the Island after the publication of banns,
between parties one of whom resides in the Island and the other resides
elsewhere in the British Islands or in the Republic of Ireland then, if banns
have been published or proclaimed in any church of the parish or place in which
that other party resides, according to the law or custom there prevailing, a
certificate given in accordance with that law or custom that the banns have
been so published or proclaimed shall, as respects that party, be sufficient
for the purposes of Article 31, and the marriage shall not be void by reason
only that the banns have not been published in the manner required for the
publication of banns in the Island.
Marriage under licence
ARTICLE 34
Places in which marriage may be
solemnized by ordinary licence
Subject
to this Part, the Dean shall not grant an ordinary licence for the
solemnization of a marriage in any church other than -
(a) the parish church of
the parish in which one of the persons to be married has had his or her usual
place of residence for 15 days immediately before the grant of the licence; or
(b) a parish church which
is the usual place of worship of one or both of the persons to be married.
ARTICLE 35
Requirements for grant of licence
(1) The Dean shall not
grant any licence unless one of the persons to be married has sworn before him
-
(a) that he or she believes
that there is no impediment of kindred or alliance or any other lawful cause,
nor any suit commenced in any court, to bar or hinder the solemnization of the
marriage in accordance with the licence;
(b) where one of the
persons to be married is a minor, that any consent to the marriage required
under Article 6 has been obtained, dispensed with or given by the Inferior
Number of the Royal Court or that there is no person whose consent to the
marriage is so required.
(2) The Dean shall not
grant an ordinary licence unless one of the persons to be married has sworn
before him -
(a) that one of them has
had his or her usual place of residence in the parish in which the marriage is
to be solemnized for 15 days immediately before the grant of the licence; or
(b) that the parish church
in which the marriage is to be solemnized is the usual place of worship of one
or both of those persons.
(3) The Dean shall not
grant any licence for the solemnization of a marriage to which Article 4(2)
applies unless -
(a) he is satisfied, by the
production of evidence, that both the persons to be married are of full age;
and
(b) he has received a
declaration in writing made by each of those persons specifying how they are
related and declaring that the younger of those persons has not, at any time
before attaining full age, been a child of the family in relation to the other.
(4) The Dean shall not
grant any licence for the solemnization of a marriage to which Article 5(2)
applies unless he is satisfied, by the production of evidence -
(a) that both the parties
to be married are of full age; and
(b) that the 2 other
persons related, in the manner described in Article 5(2), to the parties to be
married are both dead.
ARTICLE 36
Caveat against licence of Dean
(1) A person having reason
to believe that there is lawful cause to obstruct the grant of a licence by the
Dean may enter a caveat with the Dean against such grant.
(2) A caveat must be signed
by or on behalf of the person by whom it is entered, state his place of
residence and the grounds for entering the caveat.
(3) Subject to paragraph
(6), where a caveat is entered the Dean shall not issue a licence until -
(a) he has examined into
the matter of the caveat and is satisfied that it ought not to obstruct the
grant of the licence; or
(b) the caveat is withdrawn
by the person who entered it.
(4) If the Dean is doubtful
whether to grant a licence, he 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 Court may uphold or
remove the caveat and no appeal shall lie from the decision of the Court.
(6) Where a caveat is
entered against a marriage to which Article 4 applies on the ground that the
persons to be married are not both of full age or that one of those persons
has, at any time before attaining full age, 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 Dean shall not grant a licence unless a declaration is obtained
from the Inferior Number of the Royal Court under paragraph (7).
(7) In the case described
in paragraph (6), one of the persons to be married may apply to the Inferior
Number of the Royal Court for a declaration that, both those persons being of
full age and the younger of those persons not having been at any time before
attaining full age a child of the family in relation to the other, there is no
impediment of affinity to the solemnization of the marriage.
(8) The Inferior Number of
the Royal Court
may, in any proceedings before it under this Article, 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 marriage the caveat was entered.
ARTICLE 37
Marriage on authority of ordinary or special licence
Where
a marriage is not solemnized within 3 months after the grant of an ordinary or
special licence, the licence shall be void and no clergyman shall solemnize the
marriage on the authority of it.
Miscellaneous
ARTICLE 38
Witnesses
A
marriage solemnized according to the rites of the Anglican Church shall be
solemnized in the presence of 2 or more witnesses in addition to the clergyman
by whom the marriage is solemnized.
ARTICLE 39
Marriages void under Part 3
If
any persons knowingly and intentionally intermarry according to the rites of
the Anglican Church -
(a) on the authority of a
publication of banns or an ordinary licence, in any place other than a church
in which banns may be published;
(b) without banns having
been duly published or a licence having been obtained; or
(c) on the authority of a
publication of banns which is void by virtue of Article 6(7) or Article 32(2)
or on the authority of a licence which is void by virtue of Article 37,
or, if they knowingly and
intentionally consent to or acquiesce in the solemnization of the marriage by
any person who is not a clergyman, the marriage shall be void.
ARTICLE 40
Observance of liturgical rubric
Every
clergyman shall continue to observe the rules prescribed by the rubric prefixed
to the office of matrimony in the Book of Common Prayer concerning the publication
of banns and any Canon or regulations made under the Church of England (Worship
and Doctrine) Measure 1974, as it applies to the Island by virtue of The
Church of England (Worship and Doctrine) Measure 1984 (Channel Islands)
Order 1984 concerning the solemnization of marriage, so far as they are
consistent with the Law.
PART 4
REGISTRATION SERVICE
ARTICLE
41
Superintendent Registrar and Deputy
Superintendent Registrars
(1) The Committee, with the
approval of the Human Resources Committee, shall appoint a Superintendent
Registrar and one or more Deputy Superintendent Registrars.
(2) The Superintendent
Registrar shall exercise the powers conferred and perform the duties imposed on
him by and under this Law and any other enactment.
(3) Each Deputy
Superintendent Registrar shall have the same powers and be subject to the same
duties, conditions and penalties as the Superintendent Registrar.
(4) A reference to the
Superintendent Registrar in any enactment, whenever passed or made shall,
unless the contrary intention appears, be construed in accordance with this
Article.
ARTICLE 42
Registrars and deputy registrars
(1) In each parish, other
than St. Helier -
(a) the parish assembly
shall choose a person who is resident in the parish as registrar; and
(b) the person so chosen
shall, with the approval of the Superintendent Registrar, choose one or more
persons who are resident in the parish as deputy registrars.
(2) In the parish of St. Helier -
(a) the Connétable
of the parish, with the approval of the parish assembly, shall appoint a person
as registrar; and
(b) the person so appointed
shall, with the approval of the Superintendent Registrar, appoint one or more
persons as deputy registrar.
(3) A registrar or deputy
registrar of a parish, other than the parish of St. Helier,
shall cease to hold office upon ceasing to reside in the parish.
(4) A registrar of a
parish, other than St. Helier, shall give the
parish assembly not less than 3 months’ notice of his intention to vacate
his office.
(5) A parish assembly,
other than the parish assembly for St. Helier,
may give the registrar not less than 3 months’ notice requiring him to
vacate his office.
(6) A deputy registrar,
other than in the parish of St. Helier, shall
give the registrar not less than 3 months’ notice of his intention to
vacate his office.
(7) A registrar, other than
the registrar of St. Helier, may give a deputy
registrar not less than 3 months’ notice requiring him to vacate his
office.
(8) Notwithstanding
paragraphs (5) and (7), a registrar or deputy registrar of a parish, other than
the parish of St. Helier, may be required to
vacate his office with immediate effect if he has failed to carry out or is
incapable, by any reason, of carrying out his duties as registrar or deputy
registrar.
(9) Where the office of
registrar of a parish is vacant, a deputy registrar of the parish shall act as
registrar until such time as a new registrar is appointed.
ARTICLE
43
Oath of office
Before
entering office, the Superintendent Registrar and every Deputy Superintendent
Registrar, registrar and deputy registrar shall take an oath before the Royal Court to well
and faithfully perform the duties of his office.
ARTICLE
44
Premises for Superintendent Registrar
The
States shall provide and maintain for the Superintendent Registrar, in a
central part of the town of St. Helier
-
(a) an office where records
and documents required to be kept by him under this Law and any other enactment
may be kept in safe custody and protected from fire; and
(b) premises where
marriages may be solemnized.
ARTICLE
45
Requirement to display name and office
(1) Every registrar and
deputy registrar shall clearly display, on the exterior of his home, a notice
stating his name and office.
(2) The Superintendent
Registrar shall clearly display, on the exterior of his office, a list of the
names and addresses of all the registrars and deputy registrars.
ARTICLE
46
Provision of storage
The
States shall supply each registrar and each incumbent of an Anglican church in
which marriages may be solemnized with a durable and fire-resistant box in
which the registers and other official documents in that person’s care
for the purposes of this Law shall be stored when not in use.
ARTICLE
47
Provision of registers, forms and
certificates
(1) The Superintendent
Registrar shall supply each registrar and each incumbent of an Anglican church
in which marriages may be solemnized with the required number of registers of
marriage.
(2) The Superintendent
Registrar shall supply each registrar with the required number of registers of
births, stillbirths and deaths.
(3) A register supplied
pursuant to paragraph (1) or (2) shall conform to the prescribed
specifications.
(4) The costs of supply of
registers pursuant to paragraphs (1) and (2) to incumbents of Anglican churches
within a parish and to the registrar of the parish shall be reimbursed to the
Superintendent Registrar by the Connétable of the parish.
(5) The Superintendent
Registrar shall cause to be printed such forms and certificates as may be
required by or under this Law and shall supply registered medical
practitioners, free of charge, with the certificates required under Articles
61(3) and 64(1).
ARTICLE 48
Delivery
of registers and documents
Any
person who, by virtue of his office, is required by this Law to keep any book,
register or official document shall, on ceasing to hold office, deliver up such
books, register and official documents, and any storage provided under Article
46, to his successor.
PART 5
REGISTRATION OF BIRTHS, DEATHS AND
MARRIAGES
ARTICLE
49
Interpretation of Part 5
(1) In this Part -
“informant”
means the person giving particulars of a birth, stillbirth or death for the purposes
of its registration;
“stillbirth”
means the birth of a child born after the 24th week of pregnancy
(calculated from the beginning of the mother’s last menstrual period)
which does not, at any time after being completely expelled from its mother,
breathe or show any other sign of life and “stillborn child” shall
be construed accordingly.
(2) In this Part, any
reference to the particulars of a birth, stillbirth, death or marriage means
such particulars as shall be prescribed.
(3) In this Part, any
reference to the register of births, stillbirths or deaths means, in relation
to the registration of a birth, stillbirth or death, the register kept for the
purpose of such registration by the registrar required to register the
occurrence.
(4) Except where the
context requires otherwise, a reference in this Part to a birth means the birth
of a child born alive.
ARTICLE
50
Duty of registrar to register births and
deaths
Subject
to this Part, a registrar who is informed of the particulars of a birth,
stillbirth or death shall register the birth, stillbirth or death in accordance
with the prescribed requirements.
Births
ARTICLE
51
Duty to inform registrar of birth within 21
days
(1) In the case of a birth,
it shall be the duty of -
(a) the father; or
(b) in default of the
father, the mother; or
(c) in default of the
father and the mother, every person who assisted at the birth, and the person
having care of the child,
to
inform the registrar, within the period of 21 days after the birth, of the
particulars of the birth.
(2) The giving of the
particulars and the signing of the register of births, in accordance with
Article 72, by any one of the persons subject to the duty described in
paragraph (1) shall act as a discharge of the duty of the other persons so
subject.
ARTICLE
52
Restriction on registration of birth after
21 days
(1) A birth may be
registered more than 21 days and less than 6 months after it has taken place
only pursuant to this Article or Article 53.
(2) Any of the persons
subject to the duty described in Article 51(1) shall inform the registrar
of the birth in accordance with paragraph (3).
(3) The informant shall -
(a) make a solemn
declaration to the best of his ability and in the presence of the registrar and
the Superintendent Registrar of the particulars of the birth; and
(b) unless the birth was
not registered within 21 days by reason of any fault of the registrar, pay the
prescribed fees to the registrar and to the Superintendent Registrar.
ARTICLE
53
Power of Superintendent Registrar to
require information about birth
(1) Where Article 51 has
not been complied with, the Superintendent Registrar may by notice in writing
require the father or mother of the child, any person who assisted at the birth
and any person having care of the child, to provide him, to the best of their
ability, with the particulars of the birth.
(2) Subject to Article 54,
the Superintendent Registrar shall inform the registrar of the parish in which
the birth took place of the particulars of the birth or so many of them as the
Superintendent Registrar has obtained.
ARTICLE
54
Restriction on registration of birth after
6 months
(1) A birth which has not
been registered within 6 months after it has taken place may only be registered
pursuant to an order of the Royal
Court.
(2) An application for an
order under paragraph (1) may be made only by the Superintendent Registrar,
through the intermediary of the Attorney General.
(3) The Royal Court may, unless the birth was not
registered previously by reason of any fault of the registrar, order any person
subject to the duty described in Articles 51 and 52 to pay all or part of the
cost of the proceedings.
ARTICLE
55
Registration of father where parents not
married
(1) This Article applies
where the father and mother of a child were not married to each other at the
time of his birth.
(2) No person shall be
required under this Part, as father of the child, to give particulars of the
birth of the child and the registrar shall not enter in the register of births
the name of any person as being that of the father of the child except -
(a) at the joint request of
the mother and the person stating himself to be the father of the child; or
(b) at the request of the
mother, on production of -
(i) a declaration
made by the mother that that person is the father of the child, and
(ii) a declaration made by
that person stating himself to be the father of the child;
or
(c) at the request of that
person, on production of -
(i) a declaration
made by that person stating himself to be the father of the child, and
(ii) a declaration made by
the mother that that person is the father of the child.
(3) Where a person stating
himself to be the father of a child makes a request to the registrar in
accordance with paragraph (2)(c), the giving by him of particulars of the birth
of the child and the signing of the register of births by him in accordance
with Article 72 shall act as a discharge of any duty imposed by Article 51 or
52.
(4) Where, in accordance
with this Article, a registrar enters the name of a person in the register of
births as the father of a child, he shall record the child as the illegitimate
child of that person and of the mother.
(5) For the purposes of
this Article and Article 56, any reference to the time of a person’s
birth shall be taken to include any time during the period beginning with his
conception and ending with his birth.
ARTICLE 56
Re-registration where parents not married
(1) This Article applies
where the birth of a child whose father and mother were not married to each other
at the time of the birth has been registered, and no person has been recorded
as the father of the child.
(2) Subject to paragraph
(3), the registrar shall re-register the birth so as to record the name of a
person as the father -
(a) at the joint request of
the mother and that person; or
(b) at the request of the
mother, on production of -
(i) a declaration
made by the mother that that person is the father of the child, and
(ii) a declaration made by
that person stating himself to be the father of the child;
or
(c) at the request of that
person, on production of -
(i) a declaration
made by that person stating himself to be the father of the child, and
(ii) a declaration made by
the mother that that person is the father of the child.
(3) A birth shall not be
re-registered under this Article except in accordance with paragraphs (4) and
(5) and with the authority of the Superintendent Registrar.
(4) On the re-registration
of a birth so as to record the name of a person as the father, in addition to
the requirements of Article 72, the register of births shall be signed by the
registrar and, where the re-registration takes place more than 3 months after
the birth, by the Superintendent Registrar.
(5) Where the registrar
re-registers the birth, he shall record the child as the illegitimate child of
the person shown as the father, and of the mother.
ARTICLE 57
Re-registration
of birth of legitimated person
(1) This Article applies
where, according to the law of the Island, both
written and customary, a person is legitimated by the subsequent marriage of
his father and mother.
(2) Where, pursuant to
Article 55 or 56, the name of the husband has already been entered in the
register of births as father of the person, the husband or, in default of the
husband, the wife shall, within 3 months following the date of the marriage,
make a declaration as to the prescribed matters.
(3) Where the name of the
husband has not already been entered in the register of births as father of the
person, the husband and wife may each make a declaration, following their
marriage, as to the prescribed matters.
(4) Where more than one
person is legitimated by the marriage of the husband and wife, a separate
declaration shall be made in respect of each person.
(5) Where a declaration is
made immediately following the marriage, in the presence of the person who is
required by or under this Law to register the marriage or make a return of the
particulars of the marriage for the purposes of registration, that person shall
countersign the declaration and remit it to the Superintendent Registrar.
(6) A person requesting
re-registration of a birth under this paragraph shall pay the prescribed fee to
the Superintendent Registrar.
(7) In a case to which
paragraph (5) applies, the person countersigning the declaration shall be
entitled to receive one half of the fee paid to the Superintendent Registrar.
(8) Subject to paragraphs
(9) and (10), where a request for re-registration is made in accordance with
this paragraph, the Superintendent Registrar shall direct the registrar of the
parish in which the birth took place to re-register the birth as if the person
had been legitimate at birth and to note the re-registration against the
original entry of the birth.
(9) Before directing that a
birth is re-registered under this Article, the Superintendent Registrar may
refer the question of legitimation to the Royal Court.
(10) Where the legitimation of a person
is established by judgment of the Royal
Court, the Judicial Greffier shall remit a copy of
the order of the Court to the Superintendent Registrar.
ARTICLE
58
Further registration of name
(1) Where, within the
period of one year following the birth of a child, the name of the child is
altered from that registered or, if the child was registered without a name,
the child is given a name, the father, mother or guardian of the child may,
upon paying the prescribed fee and, where the name is given in baptism, upon
producing the prescribed certificate, request the registrar to register the
name as altered or given.
(2) Where a request is made
in accordance with paragraph (1) the registrar shall, without any erasure of
the original entry, enter in the register the name given to the child.
(3) Where the name of a
child is altered or given in baptism, the person who performed the rite of
baptism or who has custody of any register in which the baptism is recorded
shall, on payment of a fee not exceeding the prescribed fee, issue the
certificate required under paragraph (1).
ARTICLE 59
Registration
of birth of abandoned child
(1) Where the place and
date of birth of a child who was abandoned are unknown and cannot be
ascertained, the person having care of the child shall, within 21 days of the
date on which the child is found, apply to the Superintendent Registrar for the
birth to be registered in accordance with this Article.
(2) On an application under
this Article, the Superintendent Registrar shall direct the registrar of the
parish in which the child was found to enter the prescribed particulars in the
register of births kept by the registrar.
(3) The Superintendent
Registrar shall not direct that a birth is registered in accordance with this
Article if -
(a) he is satisfied that
the child was not born in the Island; or
(b) the child has been
adopted pursuant to a court order made in the Island
or elsewhere in the British
Islands; or
(c) the birth of the child
is known to have been previously registered under this Part.
ARTICLE 60
Short
birth certificate
(1) A person may, on
payment of the prescribed fee, request a registrar to issue a short birth
certificate in the prescribed form and containing the prescribed particulars in
respect of a birth registered by the registrar and shall, unless the request is
made at the time of registration of the birth, provide the registrar with such
particulars as the registrar may require to enable him to find the entry for
the birth in the register.
(2) A person may, on
payment of the prescribed fee, request the Superintendent Registrar to issue a
certificate in the prescribed form and containing the prescribed particulars,
in respect of a birth for which an entry has been made in the Adopted Children
Register kept pursuant to Article 16 of the Adoption (Jersey)
Law 1961.
Stillbirths
ARTICLE
61
Registration of stillbirth
(1) In the case of a
stillbirth, it shall be the duty of -
(a) the father; or
(b) in default of the
father, the mother; or
(c) in default of the
father and the mother, every person who assisted at the stillbirth,
to
inform the registrar, within the period of 5 days following the stillbirth, of
the particulars of the stillbirth and produce to him any certificate given
under paragraph (3).
(2) The giving of the
particulars, the production of any certificate given under paragraph (3) and
the signing of the register of stillbirths, in accordance with Article 72, by
any one of the persons subject to the duty described in paragraph (1), shall
act as a discharge of the duty of the other persons so subject.
(3) A registered medical
practitioner who assisted at the stillbirth or, if there is none, a registered
medical practitioner who has viewed the body of the stillborn child, shall as
soon as is practicable -
(a) certify, in the
prescribed form and manner, the fact of the stillbirth and, to the best of the
practitioner’s knowledge and belief, the reason why the child was
stillborn; and
(b) give the certificate to
the informant.
(4) Where paragraph (1) has
not been complied with, the Superintendent Registrar may, by notice in writing,
require the father or mother of the stillborn child and any person who assisted
at the stillbirth to provide him, to the best of their ability, with the
particulars of the stillbirth.
(5) A registrar, upon
registering a stillbirth, shall complete a certificate of registration of the
stillbirth in the prescribed form and containing the prescribed particulars and
give it to the informant.
Deaths
ARTICLE 62
Duty to inform registrar of death within 5
days
(1) Where a person dies in
the Island, it shall be the duty of -
(a) any relative of the
deceased person in attendance during his last illness;
(b) any person present at
the death;
(c) any person finding or
taking charge of the body;
(d) any person causing
disposal of the body; and
(e) where the death
occurred in a dwelling, any occupant of the dwelling who knew of the happening
of the death,
to
inform the registrar, within the period of 5 days following the death or the
finding of the body, to the best of his ability, of the particulars of the
death and produce to the registrar any certificate given under Article 64.
(2) The giving of the
information, the production of any certificate given under Article 64 and the
signing of the register of deaths, in accordance with Article 72, by any one of
the persons subject to the duty described in paragraph (1) shall act as a
discharge of the duty of the other persons so subject.
ARTICLE 63
Power
of Superintendent Registrar to require information about death
(1) Where Article 62 has
not been complied with, the Superintendent Registrar may by notice in writing
require any of the persons subject to the duty described in Article 62(1) to
provide him, to the best of their ability, with the particulars of the death.
(2) The Superintendent
Registrar shall inform the registrar of the parish in which the death took
place of the particulars of the death, or so many of them as the Superintendent
Registrar has obtained.
ARTICLE
64
Certificate of fact and cause of death
(1) In the case of the
death of any person, a registered medical practitioner qualified in relation to
the death or, if there is none, any registered medical practitioner who has
viewed the body after death shall, as soon as is reasonably practicable -
(a) certify in the
prescribed form and manner the fact of death and either -
(i) to the best of
the practitioner’s knowledge and belief, the cause of death, or
(ii) if the practitioner is
unable to so certify the cause of death, that the cause of death is unknown;
and
(b) give the certificate to
the informant.
(2) A registered medical
practitioner is qualified in relation to the death of any person if -
(a) the practitioner
attended the deceased during the deceased’s last illness and within the
period of 14 days preceding the date of death and has viewed the body after
death; or
(b) the practitioner has
viewed the body after death and the Viscount, having regard to the
circumstances of the case, has authorized the practitioner to give the
certificate under paragraph (1) and informed the registrar of the
authorization.
ARTICLE
65
Duty of registrar to notify Viscount of
death
(1) Where a registrar is
informed of the death of any person he shall, as soon as practicable, notify
the Viscount of the death if the death is one -
(a) where the registered
medical practitioner giving the certificate under Article 64 has been unable to
certify the cause of death;
(b) where the certificate
under Article 64 is given by a registered medical practitioner who is not
qualified in relation to the death;
(c) which the registrar has
reason to believe to have been unnatural or to have been caused by neglect or
any unlawful act or to have been attended by suspicious circumstances;
(d) which the registrar has
reason to believe must be notified to a police officer or the Viscount by any
person under Article 2 of the 1995 Law;
(e) which appears to the
registrar to have occurred during a surgical operation or other medical procedure
or before recovery from the effect of an anaesthetic.
(2) Paragraph (1) is in
addition to and not in derogation of any duty of the registrar under Article 2
of the 1995 Law.
ARTICLE 66
Restrictions
on registration of death
(1) Where -
(a) a registrar, pursuant
to Article 65, has notified the Viscount of a death; or
(b) the Viscount -
(i) has been notified
of a death under Article 2 of the 1995 Law or has a power or duty under that
Law to hold an inquest concerning a death, and
(ii) has notified the
registrar that the death should not be registered,
the
registrar shall not register the death until he has received from the Viscount
either a certificate after inquest or notice that an inquest shall not be held.
(2) Where, in accordance
with the 1995 Law, a finding of an inquest has been registered in the Royal Court or the
Viscount has decided that an inquest shall not be held, he shall, as soon as
practicable, give the registrar the certificate or notice referred to in
paragraph (1).
ARTICLE
67
Registration in exceptional circumstances
(1) A registrar -
(a) shall not register a
death more than 12 months after its occurrence without the authority described
in paragraph (3); and
(b) shall refer the case to
the Superintendent Registrar.
(2) Where -
(a) a case is referred to
the Superintendent Registrar under paragraph (1); or
(b) in any case, the
Superintendent Registrar is satisfied that, by reason of the exceptional
circumstances of the death, it is not practicable to fulfill any requirement
relating to registration imposed by or under this Part,
the Superintendent Registrar
shall refer the case to the Committee.
(3) Where a case is
referred to it under paragraph (2), the Committee may direct that any
requirement imposed by or under this Part be dispensed with and authorize
registration of the death or, if it thinks fit, refer the case to the Inferior
Number of the Royal Court, through the intermediary of the Attorney General,
for such a direction and authorization.
(4) This Article shall not
apply in any case to which Article 66 applies.
ARTICLE
68
Certificate of registration of death
A
registrar, upon registering a death, shall complete a certificate of
registration of death in the prescribed form and containing the prescribed
particulars and give it to the informant.
Marriages
ARTICLE 69
Duty
to register marriage
The
particulars of a marriage shall be registered in accordance with the prescribed
requirements by -
(a) in the case of a
marriage solemnized in an Anglican church, the clergyman by whom the marriage
is solemnized;
(b) in the case of a
marriage solemnized in a registered building or, pursuant to Article 21, in a
place where an incapacitated person is, or on approved premises, by the registrar.
ARTICLE 70
Duty to record marriage
Where
a marriage is solemnized in a registered building, otherwise than in the
presence of the registrar, or, pursuant to Article 21, in a place where an
incapacitated person is, or on approved premises, the particulars of the
marriage shall be recorded and a return of them made, in accordance with the
prescribed requirements, by -
(a) in the case of a
marriage solemnized in a registered building, the authorized person by whom the
marriage is solemnized;
(b) in the case of a
marriage solemnized on approved premises, the Superintendent Registrar or his
delegate by whom the marriage is solemnized;
(c) in the case of a
marriage solemnized in a place where an incapacitated person is, the person by
whom the marriage is solemnized.
ARTICLE 71
Power to ask for particulars of marriage
A
person under a duty to register or record the particulars of a marriage may
require the parties to the marriage to provide him with those particulars.
General
ARTICLE 72
Duty
of informant to sign register
(1) It shall be the duty of
an informant, when giving particulars of a birth, stillbirth or death for the
purposes of its registration to sign, in the presence of the registrar, the
entry of the birth, stillbirth or death made in the appropriate register.
(2) An entry of a birth,
stillbirth or death shall not be admitted as proof of the information contained
in it unless the entry has been signed by the informant and contains
particulars of the qualifications required for him to give the information.
ARTICLE 73
Declarations
Every
declaration made for the purposes of this Part shall be in such form and
contain such information as the Superintendent Registrar may require and shall
be made in the prescribed manner.
ARTICLE
74
Orders concerning registration
The
Committee shall by Order specify procedures and requirements for the
registration of births, stillbirths, deaths and marriages and for the making of
returns of information in connection therewith and in particular, but not by
way of limitation, shall require -
(a) the preparation and
delivery of documents prior to and for the purposes of the recording of the
particulars of a marriage;
(b) the keeping and
delivery of books, registers and official documents for the purposes of this
Law;
(c) the making of entries
of births, stillbirths, deaths and marriage in books and registers kept under
this Law;
(d) the provision of copies
of such entries, on provision of such information and payment of such fee as
may be specified;
(e) the making of returns
of information to the Superintendent Registrar and registrars;
(f) the keeping of
indexes by the Superintendent Registrar of returns of information made to him;
(g) the making of returns
of information by the Superintendent Registrar.
ARTICLE 75
Duty
of Committee
(1) The Committee shall,
each year, report to the States the number of births, stillbirths, marriages
and deaths registered, in the preceding year, pursuant to this Law.
(2) The Committee shall, 5
years after this Article comes into force and, thereafter, every fifth year,
inspect every register kept by a registrar pursuant to this Law for the purpose
of assessing whether the registrar is discharging his duties under this Law.
(3) A registrar shall, when
so requested by the Committee, produce to the Committee the registers kept by
him, for the purposes of their inspection.
PART 6
OFFENCES AND MISCELLANEOUS
ARTICLE 76
Offences relating to solemnization of marriage
(1) It shall be an offence
for a person, knowingly and voluntarily, to make a false declaration or sign
any false document or otherwise provide false information for the purpose of
giving notice of marriage or of obtaining any licence or certificate or having
a marriage solemnized.
(2) It
shall be an offence for a person, when entering any caveat or forbidding the
issue of any licence or a certificate, knowingly to make a statement that he is
a person whose consent is required to a marriage, when he is not.
(3) It shall be an offence
for the Superintendent Registrar, knowingly and voluntarily, to -
(a) issue a licence or
certificate pursuant to a notice of marriage which is void by virtue of Article
8(9) or issue a licence less than 7 days after notice of marriage is given or
issue a certificate less than 21 days after notice of marriage is given; or
(b) issue a licence or
certificate on which a lawful objection has been entered; or
(c) register a marriage
declared void by this Law.
(4) It shall be an offence
for a person, knowingly and voluntarily, to solemnize a marriage declared void
by this Law.
(5) It shall be an offence
for a person, knowingly and voluntarily, to solemnize a marriage on authority
of a licence which is void or before the expiry of any period required by this
Law to elapse after the issue of the licence and before the solemnization of
the marriage.
(6) It shall be an offence
for a person, knowingly and voluntarily, to solemnize a marriage -
(a) pursuant to an ordinary
licence of the Dean, in a place other than an Anglican church; or
(b) pursuant to a licence
of the Superintendent Registrar, in a place other than the registered building,
approved premises, or place where an incapacitated person is, specified in the
notice of marriage and licence.
(7) It shall be an offence
for a person to solemnize a marriage in a registered building (other than a
person who is an authorized person in relation to that building) without the
presence of the registrar of the parish in which the building is situated.
(8) It shall be an offence
for a person other than the Superintendent Registrar or his delegate to
solemnize a marriage on approved premises.
(9) It shall be an offence
for a person other than the Superintendent Registrar or his delegate or a person
named in a licence pursuant to Article 21(5)(b) to solemnize a marriage at a
place where an incapacitated person is.
(10) A person guilty of an offence under
this Article shall be liable to imprisonment for a term not exceeding 5 years
or a fine, or both.
ARTICLE 77
Offences
relating to registration
(1) It shall be an offence
for a person, without reasonable cause or excuse, to fail to comply with a
requirement imposed by or under this Law or an Order made under it or by any
person pursuant to this Law or an Order made under it -
(a) to provide particulars
of a birth, stillbirth, marriage or death or make a declaration required by
Article 57; or
(b) to complete or deliver
any certificate.
(2) A person guilty of an
offence under paragraph (1) shall be liable to a fine not exceeding level 2 on
the standard scale.
(3) It shall be an offence
for a person -
(a) to refuse or, without
reasonable excuse, omit to record or register any birth, stillbirth, death or
marriage which he is required by this Law or an Order made under it to record
or register;
(b) to register or cause to
be registered, a birth, stillbirth, marriage or death otherwise than in
accordance with the requirements of this Law or an Order made under it; or
(c) to carelessly lose or
damage a book, register or documents that he 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 his keeping; or
(d) to fail, without
reasonable excuse, to deliver any book, register, document or storage or make
any return that he 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) shall be liable to a fine not exceeding level 3 on
the standard scale.
(5) It shall be an offence
for a person to -
(a) knowingly provide false
particulars for the purpose of the registration of a birth, stillbirth,
marriage or death or the re-registration of a birth under this Law; or
(b) voluntarily destroy,
damage or alter, or cause to be destroyed, damaged or altered, any book,
register or document required to be kept by this Law or an Order made under it;
or
(c) forge or cause 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 make or
cause 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 certify a copy of such an entry, knowing
it to be false.
(6) A person guilty of an
offence under paragraph (5) shall be liable to imprisonment for a term not
exceeding 5 years or a fine, or both.
ARTICLE
78
Searches
(1) Every incumbent of an
Anglican church who keeps a register of marriages and every registrar who keeps
any register under this Law shall, at all reasonable hours, allow searches to
be made in any register in his keeping and -
(a) in the case of an incumbent,
upon payment of such fee as he may reasonably require; and
(b) in the case of a
registrar, upon payment of the prescribed fee,
shall
give a copy certified under his hand of any entry in such a register.
(2) Any person shall be
entitled, at any time when the office of the Superintendent Registrar is open
for the purpose -
(a) upon payment of the
prescribed fee, to search the indexes maintained by the Superintendent
Registrar pursuant to an Order made under Article 74;
(b) upon payment of the
prescribed fee, to have a copy, certified under the hand of the Superintendent
Registrar, of any entry in a book or register kept by him under this Law.
(3) A copy of an entry
provided in accordance with this Article shall be received as evidence of the
birth, stillbirth, death or marriage to which it relates without any further or
other proof of the entry.
ARTICLE
79
Correction of errors in books and registers
(1) A person who finds an
error, other than a clerical error, in an original entry in a book or register
kept under this Law shall bring it to the attention of the Committee, through
the intermediary of the Superintendent Registrar.
(2) Upon being notified of
an error, other than a clerical error, the Committee may grant permission for
the error to be corrected or, if it thinks fit, refer the matter to the
Inferior Number of the Royal Court,
through the intermediary of the Attorney General.
(3) The Committee shall
prescribe procedures for the correction of clerical errors in entries in books
and registers kept under this Law, for the correction of discrepancies between
original entries and copies thereof and for the correction of errors other than
clerical errors, pursuant to permission granted by the Committee or the
Inferior Number of the Royal Court.
ARTICLE 80
Witnesses for marriage
No
person shall act, or be permitted to act, as witness to the solemnization of a
marriage, unless he is of full age and is capable of understanding that
ceremony.
ARTICLE 81
Savings
(1) The provisions of this
Law are without prejudice to any rule of customary law or any other enactment
as to void marriages.
(2) Notwithstanding the
repeal by this Law of Article 68 of the Loi (1842) sur l’Etat Civil, there shall continue to be a
Committee of the States known as the Etat Civil Committee.
ARTICLE 82
Orders
(1) The Committee may by
Order prescribe anything that may or shall be prescribed under this Law.
(2) An Order made under
this Law may make different provision for different cases and contain such
incidental, supplementary and transitional provisions as may be required for
the operation of this Law.
(3) The Subordinate
Legislation (Jersey) Law 1960 shall apply to Orders made under
this Law.
ARTICLE 83
Transitional provisions, amendments and repeals
(1) The transitional
provisions in Part 1 of Schedule 3 shall have effect.
(2) The amendments in Part
2 of Schedule 3 shall have effect.
(3) The enactments
specified in column 1 of Part 3 of Schedule 3 shall be repealed to the
extent specified in column 2 of that Part.
ARTICLE 84
Citation and commencement
This
Law may be cited as the Marriage and Civil Status (Jersey)
Law 2001 and shall come into force on such day as the States may by Act
appoint.
M.N.
DE LA HAYE
Deputy Greffier of the States.
SCHEDULE 1
(Article 3)
PERSONS OF SAME DESCENT
|
Mother
|
Father
|
|
Adoptive
mother or former adoptive mother
|
Adoptive father or former adoptive
father
|
|
Daughter
|
Son
|
|
Adoptive
daughter or former adoptive daughter
|
Adoptive son or former adoptive
son
|
|
Grandmother
|
Grandfather
|
|
Granddaughter
|
Grandson
|
|
Sister
|
Brother
|
|
Father’s
or mother’s sister
|
Father’s or mother’s
brother
|
|
Brother’s
or sister’s daughter
|
Brother’s or sister’s
son
|
SCHEDULE 2
(Article 6(1))
CONSENTS REQUIRED TO THE MARRIAGE OF A MINOR
1. Where
the minor is legitimate -
(a) where both parents are
living -
(i) if the parents
are divorced or separated by order of a court or by agreement, the consent
shall be required of -
(A) the parent to whom sole custody of
the minor is committed by order of that court or by the agreement, or
(B) both parents, if the custody
of the minor is so committed to one parent during part of the year and to the
other parent during the rest of the year,
or
(ii) if both parents have
been deprived of custody of the minor by order of a court, the consent shall be
required of the person to whose custody the minor is committed by order of that
court, or
(iii) in any other case, the
consent shall be required of both parents;
(b) where one parent is
dead, the consent shall be required of -
(i) the surviving
parent, or
(ii) if the surviving parent
has been deprived of custody of the minor by order of a court, of the person to
whose custody the minor is committed by order of that court;
or
(c) where both parents are
dead, the consent shall be required of the guardian.
2. Where
the minor is illegitimate -
(a) if the mother of the
minor is alive her consent shall be required or, if she has been deprived of
custody of the minor by order of a court, the consent shall be required of the
person to whom the custody of the minor has been committed by order of that
court;
(b) if the mother of the
minor is dead, the consent shall be required of the guardian.
SCHEDULE 3
(Article 83)
TRANSITIONAL PROVISIONS, AMENDMENTS AND REPEALS
PART 1
(Article 83(1))
Transitional provisions
1. In
this Part of this Schedule, “1842 Law” means the Loi (1842)
sur l’Etat Civil.
2. The
Marriage (Prohibited Degrees of Relationship) (Jersey) Law 1949 shall continue to apply to any
marriage solemnized before Article 3, 4 and 5 of this Law come into force, as
if those Articles had not come into force.
3. Any
notice or consent given or other thing done under the Marriage of Infants (Jersey)
Law 1961 shall have effect as if given or
done under Article 6 of this Law.
4. Notice
of marriage given in accordance with Article 29 of the 1842 Law before
this Law comes into force shall be deemed to have been given in accordance with
Article 8 of this Law.
5. The
“Livre des Annonces de Mariages” maintained by the Superintendent
Registrar in accordance with Article 30 of the 1842 Law shall continue to be
maintained as the marriage notice book.
6. A
caveat entered with the Superintendent Registrar in accordance with Article 34
of the 1842 Law before this Law comes into force shall be deemed to have been
entered in accordance with Article 9 of this Law.
7. A
licence of the Superintendent Registrar issued in accordance with Article 31 of
the 1842 Law before this Law comes into force shall be deemed to have been
issued in accordance with Article 11 of this Law.
8. A
certificate of the Superintendent Registrar issued in accordance with Article
32 of the 1842 Law before this Law comes into force shall be deemed to have
been issued in accordance with Article 13 of this Law.
9. A
building registered under Article 38 of the 1842 Law before this Law comes into
force shall be deemed to have been registered under Article 15 of this Law.
10. The
book maintained by the Superintendent Registrar in accordance with Article 38
of the 1842 Law shall continue to be maintained as the register of buildings.
11. Where
banns have been published or partly published before this Law comes into force,
the 1842 Law shall continue to apply to the solemnization of the marriage by a
minister of the Anglican Church as if this Law had not come into force.
12. A
caveat entered with the Dean before this Law comes into force shall be deemed
to have been entered in accordance with Article 36 of this Law.
PART 2
(Article 83(2))
Amendments of enactments
13. In
the Matrimonial Causes (Jersey) Law 1949, in
Article 38
-
(a) in paragraph (1), for
the words “the ‘Loi (1842) sur l’Etat Civil’”
there shall be substituted the words “the Marriage and Civil Status (Jersey) Law 2001”;
(b) paragraph (3) shall be
repealed.
14. In
the Census (Jersey) Law 1951, in Article 1,
for the definition “the Committee” that shall be substituted the
following definition -
“
‘Committee’ means the Etat Civil Committee;”.
15. In
the Cremation (Jersey) Law 1953 -
(a) at the beginning of
Article 1
there shall be inserted the paragraph number “(1)”;
(b) after paragraph (1) of
Article 118
there shall be added the following paragraph -
“(2) Unless the context otherwise
requires, a reference in this Law to an enactment is a reference to that
enactment as amended from time to time and includes a reference to that
enactment as extended or applied under another enactment, including another
provision of this Law.”;
(c) in Article 3(1)(g),
for the words “the ‘Loi (1842) sur l’Etat Civil’,
as amended by any subsequent enactment, ” there shall be substituted the
word “the Marriage and Civil Status (Jersey)
Law 200116”.
16. In
the Adoption (Jersey) Law 1961 -
(a) in Article 16(3),
for the words “the ‘Loi (1842) sur l’Etat Civil’”
there shall be substituted the words “the Marriage and Civil Status (Jersey) Law 2001”;
(b) in Article 20A(2),
for the words “the prohibited degrees of relationship for the purposes of
the Marriage (Prohibited Degrees of Relationship) (Jersey) Law 1949”
there shall be substituted the words “the degrees of relationship
prohibited or restricted by Articles 3, 4 and 5 of the Marriage and Civil
Status (Jersey) Law 200123”;
(c) in Article 22,
for the words “Article 17AA or 17B of the ‘Loi (1842) sur
l’Etat Civil’,”
there shall be substituted the words “Article 56 or 57 of the Marriage
and Civil Status (Jersey) Law 200123,”.
17. In
the Adoption (Jersey) Law 1965, in Article
3(4),
for the words “Article 17AA or 17B of the ‘Loi (1842) sur
l’Etat Civil’, as amended26” there shall be substituted
the words “Article 56 or 57 of the Marriage and Civil Status (Jersey) Law 200123”.
18. In
the Health Insurance (Jersey) Law 1967, in Article
40,
for paragraph (4) there shall be substituted the following paragraph -
“(4) In this Article,
‘superintendent-registrar’ and ‘registrar’ mean
respectively the Superintendent Registrar and a registrar appointed under the
Marriage and Civil Status (Jersey) Law 200123.”.
19. In
the Mental Health (Jersey) Law 1969, in
Article 59(2)(b)(v),
for the words “the ‘Loi (1842) sur l’Etat Civil’”
there shall be substituted the words “the Marriage and Civil Status (Jersey) Law 2001”.
20. In
the Family Allowances (Jersey) Law 1972, in
Article 20,
for paragraph (3) there shall be substituted the following paragraph -
“(3) In this Article,
‘superintendent-registrar’ and ‘registrar’ mean
respectively the Superintendent Registrar and a registrar appointed under the
Marriage and Civil Status (Jersey) Law 200131.”.
21. In
the Legitimacy (Jersey) Law 1973 -
(a) in Article 2, for
paragraph (3)
there shall be substituted the following paragraph -
“(3) For the avoidance of doubt, it is
declared that the fact that the birth of a child has been registered or
re-registered pursuant to Article 55 or 56 of the Marriage and Civil Status
(Jersey) Law 200131
is prima facie evidence that the child is not legitimate by birth but, in the
case of a child in respect of whom the presumption in paragraph (2) applies, is
not, of itself, sufficient evidence to rebut that presumption.”;
(b) for the heading to
Article 13
there shall be substituted the heading “CONSEQUENTIAL EFFECT”;
(c) Article 13(1)34 shall be
repealed;
(d) in Article 13(2),
for the words “‘Loi (1842) sur l’Etat Civil’”
there shall be substituted the words “Marriage and Civil Status (Jersey) Law 2001”.
22. In
the Inquests and Post-Mortem Examinations (Jersey)
Law 1995 -
(a) in Article 1(1),
after the definition “police officer” there shall be added the
following definitions -
“Registrar”
means a registrar chosen or appointed under Article 42 of the Marriage and
Civil Status (Jersey) Law 200137 and, in relation to a Registrar, “Register of
Deaths” means the register kept by him for the purpose of registration of
deaths pursuant to that Law.”;
(b) in Article 5(b)(i),
for the words beginning “of a registered medical practitioner” and
ending “the cause of death” there shall be substituted the words
“given under Article 64 of the Marriage and Civil Status (Jersey) Law
200137
by a registered medical practitioner who is qualified, within the meaning of
that Article, in relation to the death”;
(c) in Article 14(2),
for the words “the ‘Loi (1842) sur l’Etat Civil’”
there shall be substituted the words “or under the Marriage and Civil
Status (Jersey) Law 200137”;
(d) at the end of Article
1440
there shall be added the following paragraph -
“(7) After the finding has been registered
by the Court, the Viscount shall notify the Registrar of the parish in which
the death took place and the Registrar shall make an entry in the Register of
Deaths accordingly.”;
(e) for Article 18(3)
there shall be substituted the following paragraph -
“(3) Delivery of a certificate in
accordance with paragraph (2) shall act as a discharge of the duty in
Article 64 of the Marriage and Civil Status (Jersey)
Law 2001.”;
(f) Article 18(4)
shall be repealed;
(g) in the First Schedule,
for the words “by the ‘Loi (1842) sur l’Etat
Civil’” there shall be substituted the words “by or under the
Marriage and Civil Status (Jersey) Law 200143”.
23. In
the Education (Jersey) Law 1999, in Article 65(2), for the words “
‘Superintendent Registrar’, ‘Registrar’ and
‘Deputy’ mean such a person appointed in pursuance of the
‘Loi (1842) sur l’Etat Civil’,” there shall be substituted
the words “ ‘Superintendent Registrar’ and
‘Registrar’ shall have the same meaning as in the Marriage and
Civil Status (Jersey) Law 200143,”.
PART 3
(Article 83(3))
Enactments repealed
|
1
|
2
|
|
enactment
|
extent of repeal
|
|
Loi (1842) sur l’Etat Civil
|
The whole Law
|
|
Loi (1914) (Amendement No. 2) sur
l’Etat Civil
|
The whole Law
|
|
Loi (1921) (Amendement No. 3) sur
l’Etat Civil
|
The whole Law
|
|
Loi (1929) (Amendement No. 4) sur
l’Etat Civil
|
The whole Law
|
|
Loi (1950) (Amendement No. 5) sur
l’Etat Civil51
|
The whole Law
|
|
Loi (1957) (Amendement No. 6) sur
l’Etat Civil51
|
The whole Law
|
|
Loi (1960) (Amendement No. 7) sur
l’Etat Civil51
|
The whole Law
|
|
Loi (1964) (Amendement No. 8) sur
l’Etat Civil
|
The whole Law
|
|
Loi (1975) (Amendement No. 9) sur l’Etat
Civil
|
The whole Law
|
|
Loi (1976) (Amendement No. 10) sur
l’Etat Civil
|
The whole Law
|
|
Loi (1993) (Amendement No. 11) sur
l’Etat Civil
|
The whole Law
|
|
Loi (1996) (Amendement No. 12) sur
l’Etat Civil
|
The whole Law
|
|
Loi (2000) (Amendement No. 13) sur
l’Etat Civil
|
The whole Law
|
|
Loi (1868) étendant au District Ecclésiastique
de St. Luc les dispositions de la Loi sur l’enregistrement des
naissances, mariages et déces
|
The whole Law
|
|
Loi (1872) étendant la Loi (1842)
sur l’Etat Civil aux nouveaux districts ecclésiastiques
|
The whole Law
|
|
Loi (1938) touchant l’âge de
mariage
|
The whole Law
|
|
Marriage (Prohibited Degrees of
Relationship) (Jersey) Law 1949
|
The whole Law
|
|
Marriage (Prohibited Degrees of
Relationship) (Amendment) (Jersey) Law 1966
|
The whole Law
|
|
Marriage of Infants (Jersey) Law 1961
|
The whole Law
|
|
Legitimacy (Jersey)
Law 1963
|
Article 2(4)
|
|
Birth Certificate (Shortened Form)
(Jersey) Law 1979
|
The whole Law
|
|
Age of Majority (Jersey)
Law 1999
|
Paragraph 3 of the Schedule.
|