Marriage
and Civil Status (Amendment) (Jersey) Order 2023
Made 20th March 2023
Coming into
force 24th March 2023
1 Marriage and Civil Status
(Jersey) Order 2018 amended
This Order amends the Marriage and
Civil Status (Jersey) Order 2018.
2 Article 7 (conditions to be imposed on authorization)
amended
For Article 7 there
is substituted –
“7 Conditions to be imposed
on authorization – authorized civil celebrant
(1) The
authorization of an individual as an authorized civil celebrant is subject to –
(a) the conditions set out in
paragraph (2);
(b) the standard conditions
set out in Article 20;
(c) any other conditions
imposed under the Law.
(a) if an authorized civil
celebrant is the marriage celebrant for the solemnization of a marriage or the
civil partnership celebrant for the solemnization of a civil partnership, the authorized
civil celebrant must –
(i) be available at the
location at which the solemnization of the marriage or the civil partnership is
to take place from at least one hour immediately before the marriage ceremony
or civil partnership ceremony, and
(ii) be in attendance
throughout the marriage ceremony or civil partnership ceremony;
(b) an authorized civil
celebrant must publish the fees chargeable by the authorized civil celebrant in
respect of the solemnization of a marriage or a civil partnership;
(c) an authorized civil
celebrant must –
(i) agree in writing with
the parties to the marriage or the civil partnership the form and content of
the civil marriage ceremony or civil partnership ceremony,
(ii) in the case of a
marriage, ensure that the form and content comply with Article 17 of the
Law, or
(iii) in the case of a civil
partnership, ensure that the form and content comply with Article 14 of
the Civil Partnership Law;
(d) an authorized civil
celebrant must, where necessary, seek advice from the Superintendent Registrar
on any matter in relation to the solemnization of marriages or civil partnerships;
(e) an authorized civil
celebrant must, if required by the Superintendent Registrar, undertake training
approved by the Superintendent Registrar to ensure that marriages are solemnized
in compliance with the Law and that civil partnerships are solemnized in
accordance with the Civil Partnership Law;
(f) an authorized civil
celebrant must notify the Superintendent Registrar in writing within
30 days of –
(i) any change of
circumstances that results in the details entered in the register of authorized
civil celebrants in relation to the person no longer being correct, or
(ii) the occurrence of an
event that might have caused the Superintendent Registrar not to authorize the
person as an authorized civil celebrant if the event had occurred before the
person was registered as such.
7A Conditions to be imposed
on authorization – authorized religious official
(1) The
authorization of an individual as an authorized religious official is subject
to –
(a) the conditions set out in
paragraph (2);
(b) the standard conditions
set out in Article 20;
(c) any other conditions
imposed under the Law.
(a) if an authorized
religious official is the marriage celebrant for the solemnization of a
marriage, the authorized religious official must –
(i) be available at the
location at which the solemnization of the marriage is to take place from at
least one hour immediately before the marriage ceremony, and
(ii) be in attendance
throughout the marriage ceremony;
(b) an authorized religious
official must publish the fees chargeable by the authorized religious official
in respect of the solemnization of a marriage;
(c) an authorized religious
official must, if required by the Superintendent Registrar, undertake training
approved by the Superintendent Registrar to ensure that marriages are solemnized
in compliance with the Law;
(d) an authorized religious
official must notify the Superintendent Registrar in writing within
30 days of –
(i) any change of
circumstances that results in the details entered in the register of authorized
religious officials in relation to the person no longer being correct, or
(ii) the occurrence of an
event that might have caused the Superintendent Registrar not to authorize the
person as an authorized religious official if the event had occurred before the
person was registered as such.”.
3 Article 20 (standard conditions) amended
(1) This
Article amends Article 20.
(2) In
the following places, after “a marriage”, there is inserted “or civil
partnership” –
(a) paragraph (1);
(b) paragraph (2)(a),
(c) and (d).
(3) In
the following places, after “marriage celebrant”, there is inserted “or civil
partnership celebrant” –
(a) paragraph (1);
(b) paragraph (2)(a) in
each place in which it occurs;
(c) paragraph (2)(d).
(4) In
the following places, after “marriage ceremony”, there is inserted “or civil
partnership ceremony” –
(a) paragraph (2)(a), in
both places in which it occurs;
(b) paragraph (2)(b);
(c) paragraph (2)(c), in
both places in which it occurs;
(d) in paragraph (2)(d) –
(i) in the words in brackets,
in both places in which it occurs,
(ii) in clause (i), in each place in which it occurs;
(e) paragraph (2)(e).
(5) In
paragraph (2)(d), in the words in brackets, after “parties to the
marriage” there is inserted “or civil partnership”.
4 Article
45A (transfer of duties between parish and Superintendent Registrar) and Article 45B (keeping of marriage register and other documents)
inserted
After Article 45,
there is inserted –
(1) Notice
under Article 41A(2) of the Law must be given in
writing.
(2) The
minimum period of time that may be specified in a
notice given under Article 41A(2)(a) of the Law is –
(a) for the Parish of St. Helier,
6 months;
(b) for any other parish, 3 months.
(3) The
minimum period of time that may be specified in a
notice given under Article 41A(2)(b) of the Law is –
(a) for the Parish of St. Helier,
12 months;
(b) for any other parish, 6 months.
45B Keeping of marriage register
and other documents
A person who, by virtue of the person’s office, is required by this
Order to keep a marriage register or other documents must, on ceasing to hold
office, deliver the register and documents to the person’s successor.”.
5 Consequential amendments – conversion schedule
(1) In
the following places, for “conversion declaration form”, there is substituted
“conversion schedule” –
(a) Article 21(4);
(b) Article 36 –
(i) in the heading,
(ii) in the introductory
text, and
(iii) in sub-paragraph (e)(ii);
(c) Article 37(1) and
(11)(c);
(d) Article 42(3)(b), in both
places it occurs;
(e) Article 45.
(2) In
the following places, for “conversion declaration forms”, there is substituted
“conversion schedules” –
(a) Article 42(3)(a);
(b) Article 57, in the heading
and in the text.
(3) In
Article 44(1)(b) for “conversion declarations” there is substituted “conversion
schedules”.
6 Schedule 1 (fees payable under the Law
or this Order) amended
(1) This
Article amends Schedule 1.
(2) For
the table in Part 1, there is substituted –
|
“Item No.
|
Description
|
Provision of
the Law
|
Fee
|
To whom
payable
|
|
1.
|
Application for a notice of intended
marriage
|
Article 8(1)(b)
|
£210.13
|
The Superintendent Registrar
|
|
2.
|
Request for, and issue of, a marriage
schedule
|
Article 15(2) and (3)(c)
|
£315.19
|
The Superintendent Registrar
|
|
3.
|
Request for, and issue of, a
certificate of no impediment to marriage
|
Article 16(2) and (3)(c)
|
£105.06 per applicant
|
The Superintendent Registrar
|
|
4.
|
Change to date, time or location
contained in the published notice of intended marriage
|
Article 18(3)
|
£52.53
|
The Superintendent Registrar
|
|
5.
|
Application for a conversion of a
civil partnership to a marriage
|
Article 19(1)(b)
|
£210.13
|
The Superintendent Registrar
|
|
6.
|
Request for issue of conversion
schedule
|
Article 21(2) and 21(3)(c)
|
£315.19
|
The Superintendent Registrar
|
|
7.
|
Solemnization of a marriage by
conversion
|
Article 22(3)(a)
|
£0
|
|
|
8.
|
Fee payable by the Superintendent
Registrar for each marriage that a registrar registers under
Article 24A(3)(a) or (b) and for the provisions of returns of registers
|
Article 24A(4)
|
£10.51
|
The registrar of a parish
|
|
9.
|
Search of books, indexes, registers, notices or entries held at the office of the
Superintendent Registrar
|
Article 24C(2)
and (4)
|
£94.56
|
The Superintendent Registrar
|
|
10.
|
Registration of birth more than 21 days
and less than 6 months after the birth
|
Article 52(3)(b)
|
£210.13
|
The relevant registrar
|
|
11.
|
Re-registration of birth where
parents not married
|
Article 56(3)
|
£57.79
|
The relevant registrar
|
|
12.
|
Re-registration of birth following
legitimation
|
Article 57(6)
|
£57.79
|
The Superintendent Registrar
|
|
13.
|
Registration of a name as altered
within one year of birth
|
Article 58(1)
|
£57.79
|
The relevant registrar
|
|
14.
|
Certificate required under
Article 58(1) where the name of a child is altered or given in baptism
|
Article 58(3)
|
£57.79
|
The person providing the certificate
|
|
15.
|
Re-registration of child to include the
child’s name
|
Article 58A(4)
|
£57.79
|
The relevant registrar
|
|
16.
|
Short birth certificate –
|
Article 60(1) or (2)
|
|
The relevant registrar
|
|
|
(a) if issued on the day on which
the application is made
|
|
£21.01
|
|
|
|
(b) if issued on a day after
that on which the application is made
|
|
£10.51
|
|
|
17.
|
Copy of an entry in a register kept
by the relevant registrar under the Law
|
Article 78(2)
|
£31.52
|
The relevant registrar
|
|
18.
|
Search of indexes maintained by
Superintendent Registrar
|
Article 78(3)(a)
|
£0
|
|
|
19.
|
Copy certified under the hand of the
Superintendent Registrar of an entry in a book or register –
|
Article 78(3)(b)
|
|
The Superintendent Registrar
|
|
|
(a) if issued on the same day
on which the application is made
|
|
£63.04
|
|
|
|
(b) if issued after the day on
which the application is made
|
|
£31.52
|
|
|
20.
|
Search of indexes by the
Superintendent Registrar
|
Article 80C
|
£31.52 per hour of part of an hour
|
The Superintendent Registrar
|
|
21.
|
Issue of a proof of life letter
|
Article 80C
|
£52.53
|
The Superintendent Registrar
|
|
22.
|
Supplementary fee for use of the
office of the Superintendent Registrar as a location for the solemnization of
a marriage taking place on Monday to Friday
|
Article 80C
|
£21.01
|
The Superintendent Registrar
|
|
23.
|
Supplementary fee for use of office
of the Superintendent Registrar as a location for the solemnization of marriage
taking place on Saturday, Sunday or a bank holiday
|
Article 80C
|
£105.06
|
The Superintendent Registrar
|
|
24.
|
Solemnization of a marriage by the
Superintendent Registrar or Deputy Superintendent Registrar on Monday to
Friday at the office of the Superintendent Registrar
|
Article 80C
|
£0
|
|
|
25.
|
Solemnization of a marriage by the
Superintendent Registrar or Deputy Superintendent Registrar on a Saturday, Sunday or bank holiday at the office of the Superintendent
Registrar
|
Article 80C
|
£157.59
|
The Superintendent Registrar
|
|
26.
|
Solemnization of a marriage by the
Superintendent Registrar or Deputy Superintendent Registrar at any approved
location other than the office of the Superintendent Registrar
|
Article 80C
|
£157.59
|
The Superintendent Registrar
|
|
27.
|
Delivery of a certificate or document
by the Superintendent Registrar to the Customs and Immigration Department for
an apostille
|
Article 80C
|
£21.01
|
The Superintendent Registrar
|
|
28.
|
Re-registration of a surname
|
Schedule 2A, paragraph 2
|
£57.79
|
The relevant registrar”.
|
(3) For
the table in Part 2, there is substituted –
|
“Item No.
|
Description
|
Article of the Order
|
Fee
|
To whom
payable
|
|
1.
|
Grant of authorization for an authorized
civil celebrant
|
11(1)(a)
|
£157.59
|
The Superintendent Registrar
|
|
2.
|
Annual fee for authorization of an authorized
civil celebrant
|
11(1)(b)
|
£210.13
|
The Superintendent Registrar
|
|
3.
|
Registration of authorization for authorized
religious official
|
11(2)(a)
|
£0
|
The Superintendent Registrar
|
|
4.
|
Annual fee for registration of authorized
religious official
|
11(2)(b)
|
£0
|
The Superintendent Registrar
|
|
5.
|
Application for approval of a
location for the solemnization of marriage in the case of a specific marriage
|
15(2)(d)
|
£235.75
|
£102.50 payable to the parish and £133.25
to the Superintendent Registrar
|
|
6.
|
Application for approval of a
location for the solemnization of marriage for a period of 3 years
|
15(2)(d)
|
£440.75
|
£307.50 payable to the parish and £133.25
to the Superintendent Registrar
|
|
7.
|
Application for the renewal of
approval of a location for the solemnization of marriage
|
16(10)
|
£440.75
|
£307.50 payable to the parish and £133.25
to the Superintendent Registrar
|
|
8.
|
Application for amendment of approval
of a location for the solemnization of marriage
|
22(2)
|
£105.06
|
The Superintendent Registrar
|
|
9.
|
Attendance by Superintendent
Registrar to sign forms and do identity checks in special circumstances
|
37(7)(d)(ii)
|
£52.53
|
The Superintendent Registrar
|
|
10.
|
Amendments to a marriage schedule, book
or certificate arising from special circumstances
|
37(9)
|
£78.80
|
The Superintendent Registrar”.
|
7 Citation and commencement
This Order may be cited as the Marriage and Civil Status (Amendment)
(Jersey) Order 2023 and comes into force immediately after the commencement of
the Marriage and
Civil Status (Amendment No. 5) (Jersey) Law 2023.
Deputy H.M. Miles of St. Brelade
Minister for Home Affairs