Civil Partnerships
(Consequential Amendments) (Jersey) Regulations 2012
Made 20th March 2012
Coming into force in
accordance with Regulation 53
THE STATES, in pursuance of Articles 71 and 72 of the Civil Partnership
(Jersey) Law 2012[1], have made the following
Regulations –
1 Building
Loans (Jersey) Law 1950 amended
In the Building Loans (Jersey)
Law 1950[2], in Article 7(1), for the words “(excluding
the eventual right of dower of the wife, if any, of that person)” there shall be substituted the words “(excluding
any eventual right of dower)”.
2 Building
Loans (Miscellaneous Provisions) (Jersey) Regulations 1961 amended
In the Building Loans
(Miscellaneous Provisions) (Jersey) Regulations 1961[3] –
(a) in Regulation 2 after the word
“married” there shall be inserted the words “or in a civil
partnership”;
(b) after Regulation 5 there shall be
inserted the following Regulation –
A loan may be made to civil
partners jointly if the property on which the loan is to be secured is or will
be owned by them for themselves and the survivor of them and the heirs of such
survivor and if both civil partners satisfy the conditions specified in Regulation 1.”.
3 Civil
Evidence (Jersey) Law 2003 amended
In the Civil Evidence (Jersey) Law 2003[4], in Article 9A, in the
heading and paragraph (1), after the word “spouse” there shall
be inserted the words “or civil partner”.
4 Collective
Investment Funds (Jersey) Law 1988 amended
In the Collective Investment Funds (Jersey) Law 1988[5], in Article 1(1), in
the definition “associate” after the word “wife,” there
shall be inserted the words “civil partner,”.
5 Collective
Investment Funds (Recognized Funds) (Permit Conditions for Functionaries)
(Jersey) Order 1988 amended
In the Collective Investment Funds (Recognized Funds) (Permit
Conditions for Functionaries) (Jersey) Order 1988[6], in Article 1(1) –
(a) after
the definition “cancellation price” there shall be inserted the
following definition –
“ ‘civil
partner’ includes a reputed civil partner or a person cohabiting with
another as a civil partner;”;
(b) in
the definition “close relative”, after the word “spouse,”
there shall be inserted the words “civil partner,”;
(c) in paragraph (c)
of the definition “connected customer”, after the word
“spouse” there shall be inserted the words “or civil
partner”.
6 Collective
Investment Funds (Recognized Funds) (Rules) (Jersey) Order 2003 amended
In the Collective Investment Funds (Recognized Funds) (Rules)
(Jersey) Order 2003[7], in the Schedule, in the
Glossary in Rules Schedule 4, in the definition “controller”
after the word “husband,” there shall be inserted the words
“civil partner,”.
7 Collective
Investment Funds (Unregulated Funds) (Jersey) Order 2008 amended
In the Collective Investment Funds (Unregulated Funds) (Jersey)
Order 2008[8], in Schedule 1 –
(a) in paragraph 6(2)(j),
(4) and (5), after the word “spouse” wherever it appears there
shall be inserted the words “or civil partner”;
(b) in
paragraph 6(6), after the word “spouse’s” there shall be
inserted the words “or civil partner’s”.
8 Companies
(Standard Table) (Jersey) Order 1992 amended
In the Companies (Standard Table) (Jersey) Order 1992[9], in the Schedule, in regulation 78
of the Standard Table, for the words “(including a spouse and a former
spouse)” there shall be substituted the words “(including a spouse
or civil partner and a former spouse or former civil partner)”.
9 Court
of Appeal (Jersey) Law 1961 amended
In the Court of Appeal (Jersey) Law 1961[10] –
(a) in Article 13(1)(b),
after the word “marriage” there shall be inserted the words
“or civil partnership”;
(b) in Article 34(c)
after the word “wife” in both places where it appears there shall
be inserted the words “or civil partner”.
10 Cremation
(Jersey) Regulations 1961 amended
In the Cremation (Jersey) Regulations 1961[11] –
(a) in Schedule 1,
for the form entitled “APPLICATION FOR CREMATION” there shall be
substituted the form in Part 1 of Schedule 1;
(b) in Schedule 7
for the form entitled “REGISTER OF CREMATIONS” there shall be
substituted the form in Part 2 of Schedule 1.
11 Customs
and Excise (Import and Export Control) (Jersey) Order 2006 amended
In the Customs and Excise (Import and Export Control) (Jersey) Order 2006[12], in Schedule 3, in
paragraph 3 –
(a) in
sub-paragraph (a) for the word “marriage” there shall be
substituted the words “marriage, civil partnership”;
(b) in
sub-paragraphs (a) and (b) after the word “spouse” there shall
be inserted the words “or civil partner”;
(c) in
sub-paragraph (c) for the words “widow or widower” there shall
be substituted the words “civil partner or surviving spouse or civil
partner”.
12 Education
(Discretionary Grants – General) (Jersey) Order 2008 amended
(1) In this Regulation “Order” means
the Education (Discretionary Grants – General) (Jersey) Order 2008[13].
(2) For Article 2(1)(b) of the Order there
shall be substituted the following sub-paragraph –
“(b) has
been married or in a civil partnership for at least 3 years, whether or
not still married or still in a civil partnership.”.
(3) For Article 5 of the Order there shall
be substituted the following Article –
“5 Relevant
income of independent student
(1) The relevant income in respect of an
independent student for an academic year is the sum of –
(a) the student’s income for the calendar
year in which the academic year starts; and
(b) if –
(i) the
student is married – the student’s spouse’s income for
the calendar year in which the academic year starts, or
(ii) the
student is in a civil partnership – the student’s civil
partner’s income for the calendar year in which the academic year starts.
(2) Despite paragraph (1)(b), the income of
a student’s spouse or civil partner, as the case may be, shall not be
taken into account during any part of the calendar year when the student is not
married or in a civil partnership, or is not living in a married relationship
or in a civil partnership relationship.”.
13 Employers’
Liability (Compulsory Insurance) (Jersey) Law 1973 amended
In the Employers’ Liability (Compulsory Insurance) (Jersey)
Law 1973[14], in Article 1(2)(a)
after the word “wife,” there shall be inserted the words
“civil partner,”.
14 Financial
Services (Investment Business (Client Assets)) (Jersey) Order 2001 amended
In the Financial Services (Investment Business (Client Assets))
(Jersey) Order 2001[15], in Article 1, in the definition
“connected customer” after the word “spouse,” there
shall be inserted the words “civil partner,”.
15 Gambling
(Licensing Provisions) (Jersey) Regulations 1965 amended
In the Gambling (Licensing Provisions) (Jersey) Regulations 1965[16] –
(a) in Regulation 1(1),
in the definition “associate” after the word “wife,”
there shall be inserted the words “civil partner,”;
(b) in Regulation 9(4)
after the word “spouse,” wherever it appears there shall be
inserted the words “civil partner,”.
16 Gender
Recognition (Disclosure of Information) (Jersey) Order 2010 amended
In the Gender Recognition (Disclosure of Information) (Jersey) Order 2010[17], in Article 3(2), after
the word “marriage” in both places where it appears there shall be
inserted the words “or civil partnership”.
17 Goods
and Services Tax (Jersey) Law 2007 amended
In the Goods and Services Tax (Jersey) Law 2007[18], in Article 3(2) and
(3), for the words “wife or husband” wherever they appear there
shall be substituted the words “wife, husband or civil partner”.
18 Housing
(General Provisions) (Jersey) Regulations 1970 amended
In the Housing (General
Provisions) (Jersey) Regulations 1970[19] –
(a) in Regulation 1(1)(n) and (9)(b) of after
the word “spouse” wherever it appears there shall be inserted the
words “or civil partner”;
(b) in Regulation 1(9)(b), after the word
“marriage” in both places where it appears there shall be inserted
the words “or civil partnership”.
19 Immigration
(Fees) (Jersey) Order 2010 amended
In the Immigration (Fees) (Jersey) Order 2010[20], in Article 1 –
(a) after
the definition “child” there shall be inserted the following
definition –
“ ‘civil
partner’ in relation to a person includes the same-sex partner of the
person;”.
(b) in
the definition “dependant”, after the word “spouse” in
both places where it appears there shall be inserted the words “or civil
partner”.
20 Income
Support (General Provisions) (Jersey) Order 2008
In the Income Support (General Provisions) (Jersey) Order 2008[21] –
(a) for
Article 5(1)(a) there shall be substituted the following sub-paragraphs –
“(a) they are married to each
other (unless they are living separately in the dwelling under a formal
agreement) or are in a marriage-like relationship;
(aa) they have formed a civil partnership with each
other (unless they are living separately in the dwelling under a formal
agreement) or are in a civil partnership-like relationship;”;
(b) in Schedule 2,
in paragraph 4(1)(c)(ii) after the word “spouse” there shall
be inserted the words “or civil partner”.
21 Income
Tax (Purchased Life Annuities) (Jersey) Order 1959 amended
(1) In this Regulation “Order” means the Income Tax (Purchased
Life Annuities) (Jersey) Order 1959[22].
(2) After Article 13
of the Order there shall be inserted the following Article –
Where the payee is regarded
as civil partner B for the purposes of Part 16A of the Law and is
living with his or her civil partner A, any reference in this Order to
repaying tax to the payee or to charging tax on the payee shall be construed as
requiring tax to be repaid to, or charged on, the civil partner of civil
partner B.”.
(3) For
Article 15 of the Order there shall be substituted the following Article –
Where a determination is
varied on appeal or by virtue of Article 7, and any tax deducted from or
assessed and charged upon a payment on account of the annuity is repaid under Article 9
or 10 –
(a) a corresponding adjustment shall be made in
estimating for the purposes of the Law, the total income –
(i) of the payee,
(ii) if the payee is a married woman living
with her husband, of her husband, or
(iii) if the payee is a civil partner who, for the
purposes of Part 16A of the Law is civil partner B and is living with
his or her civil partner, of civil partner A,
for the year in which the
payment fell due; and
(b) notwithstanding anything in the Law, such
consequential adjustments of the payee’s liability to income tax as may
be necessary shall be made by assessment or by repayment, as the case may
require.”.
(4) In Part 1
of the Schedule to the Order, for paragraph 6 there shall be substituted
the following paragraph –
“6. The name and address of
the annuitant, and –
(a) if the annuitant is a married woman, the
name of her husband; or
(b) if the annuitant is a civil partner B
for the purposes of Part 16A of the Law, the name of his or her civil
partner.”.
22 Income
Tax (Superannuation Funds) (Jersey) Order 1972 amended
(1) In this Regulation “Order” means
Income Tax (Superannuation Funds) (Jersey) Order 1972[23].
(2) In Article 5(2)(b) of the Order after
the words “the widow,” there shall be inserted the words
“surviving civil partner,”.
(3) In Article 5(2F)(a) of the Order after
the words “the widow” there shall be inserted the words “or
surviving civil partner”.
(4) In Article 6 of the Order after the
words “the widow,” there shall be inserted the words
“surviving civil partner,”.
23 Insurance
Business (Jersey) Law 1996 amended
In the Insurance Business (Jersey) Law 1996[24] –
(a) in Article 1(1)
in the definition “associate”, after the word “wife,”
there shall be inserted the words “civil partner,”;
(b) in
Part 1 of Schedule 1, in item number II after the word
“marriage” in both places where it appears there shall be inserted
the words “or civil partnership”.
24 Invalid
Care Allowance (Jersey) Order 2008 amended
(1) In
this Regulation “Order” means the Invalid Care Allowance (Jersey) Order 2008[25].
(2) In Article 3 of the Order after the
word “spouse,” there shall be inserted the words “civil
partner,”.
(3) For Article 5(2) of the Order there
shall be substituted the following paragraph –
“(2) For the purposes of this
Article –
(a) a person’s income shall be deemed to include that of his or
her spouse (unless they are living separately under a formal agreement) or that
of a person with whom he or she is in a marriage-like relationship; and
(b) a person’s income shall be deemed to
include that of his or her civil partner (unless they are living separately
under a formal agreement) or that of a person with whom he or she is in a civil
partnership-like relationship.”.
25 Motor
Vehicles (International Circulation) (Jersey) Regulations 1958 amended
In the Motor Vehicles
(International Circulation) (Jersey) Regulations 1958[26], in Regulation 2(6) in the definition “dependants”
after the word “husband” there shall be inserted the words
“or civil partner”.
26 Organisation
for Economic Co-operation and Development (Immunities and Privileges) (Jersey) Regulations 1999
amended
In the Organisation for Economic Co-operation and Development (Immunities
and Privileges) (Jersey) Regulations 1999[27], in Regulation 12(3)
after the word “spouse” there shall be inserted the words “or
civil partner”.
27 Police
Force (General Provisions) (Jersey) Order 1974 amended
In the Police Force (General Provisions) (Jersey) Order 1974[28] –
(a) in Article 3 –
(i) in
paragraph (1), after the word “husband” there shall be
inserted the words “or civil partner”,
(ii) in
paragraph (2) after the word “wife” there shall be inserted
the words “or civil partner”;
(b) in Article 9(2)
after the word “marriage” there shall be inserted the words
“or civil partnership”.
28 Police
Procedures and Criminal Evidence (Jersey) Law 2003 amended
In the Police Procedures and Criminal Evidence (Jersey) Law 2003[29], in Article 6(15)(d),
in the definition “relative” after the word “wife”
there shall be inserted the words “or civil partner”.
29 Port
Control Unit (General Provisions) (Jersey) Order 1983 amended
In the Port Control Unit (General Provisions) (Jersey) Order 1983[30] –
(a) in Article 1(2),
after the word “wife” there shall be inserted the words
“, civil partner”;
(b) in
Article 1(3), after the word “wife,” there shall be inserted
the words “or civil partner”;
(c) in Article 6(2)
after the word “marriage” there shall be inserted the words
“or civil partnership”.
30 Public
Employees (Contributory Retirement Scheme) (Existing Members) (Jersey) Regulations 1989
amended
(1) In this Regulation “Regulations”
means the Public Employees (Contributory Retirement
Scheme) (Existing Members) (Jersey) Regulations 1989[31].
(2) In Regulation 1
of the Regulations –
(a) in
the definition “child”, in paragraph (b), after the word
“marriage” there shall be inserted the words “or civil
partnership”;
(b) for
the definition “relations” there shall be substituted the following
definition –
“ ‘relations’
means –
(a) the widow, widower or surviving civil
partner of the member or any former husband, wife or civil partner of the
member;
(b) any child or other descendant of the member
and the husband, wife, civil partner, widow, widower or surviving civil partner
of any such child or other descendant;
(c) the father or mother (whether natural or
adoptive) or other ancestor of the member and the widow, widower or surviving
civil partner of such father, mother or other ancestor; and
(d) any brother or sister of the member (whether
of the whole blood or the half blood and whether natural or adoptive) and the
widow, widower or surviving civil partner of any such person,
and for this purpose
‘child’ includes a stepchild, a legally adopted child and a child
to whom in the opinion of the Committee the member or other person as
appropriate stands, or would but for the member’s death have stood, in loco parentis;”.
(3) In Regulation 9
of the Regulations –
(a) in paragraph (3) –
(i) for the words
“a male who leaves a spouse or” there shall be substituted the
words “a male who leaves a spouse, a male or female who leaves his or her
civil partner, or”,
(ii) after the words
“the spouse,” there shall be inserted the words “or the
surviving civil partner, as the case may be,”;
(b) in paragraph (4) –
(i) after the words
“leave a spouse” there shall be inserted the words “or a surviving
civil partner”,
(ii) in sub-paragraphs (a)
and (b) after the words “a spouse’s pension” there shall be
inserted the words “or a surviving civil partner’s pension, as the
case may be”;
(c) in paragraph (5) –
(i) after the words
“the spouse” wherever they appear there shall be inserted the words
“or the surviving civil partner”,
(ii) after the words
“a spouse’s pension” in both places where it appears there
shall be inserted the words “or a surviving civil partner’s pension,
as the case may be”.
(4) In Regulation 10
of the Regulations –
(a) for
paragraph (2) there shall be substituted the following paragraph –
“(2) If the member is a male who dies
leaving a spouse, a male or female who dies leaving his or her surviving civil
partner, or a female who dies on or after 1st January 1993 leaving a
spouse, a pension shall be payable to the spouse or surviving civil partner, as
the case may be, the annual rate of which shall be ½ of the pension
which the member would have received if he or she had retired on the day
immediately preceding his or her death (subject to proviso (b) to the definition
‘final pensionable salary’, which shall be deemed to apply) without
making an election under Regulation 13, 14 or 15.”;
(b) in paragraph (3) –
(i) after the words
“leave a spouse” there shall be inserted the words “or a surviving
civil partner”,
(ii) in sub-paragraphs (a)
and (b) after the words “a spouse’s pension” there shall be
inserted the words “or a surviving civil partner’s pension, as the
case may be”.
(5) In Regulation 11
of the Regulations –
(a) in paragraph (1)
after the word “marriage” there shall be inserted the words
“or civil partnership”;
(b) in paragraph (2) –
(i) for the words
“leaves a spouse or” there shall be substituted the words “dies
leaving a spouse, a male or female pensioner dies leaving his or her civil
partner, or”,
(ii) after the words
“the spouse” there shall be inserted the words “or surviving
civil partner, as the case may be”;
(c) in paragraph (3) –
(i) after the words
“leave a spouse” there shall be inserted the words “or a surviving
civil partner”,
(ii) in sub-paragraphs (a)
and (b) after the words “a spouse’s pension” there shall be
inserted the words “or a surviving civil partner’s pension, as the
case may be,”.
(6) In Regulation 12
of the Regulations –
(a) in paragraph (2) –
(i) for the words
“leaves a spouse or” there shall be substituted the words “dies
leaving a spouse, a male or female deferred pensioner dies leaving his or her
civil partner or,”,
(ii) after the words
“the spouse” there shall be inserted the words “or surviving
civil partner, as the case may be,”;
(b) in paragraph (3) –
(i) after the words
“leave a spouse” there shall be inserted the words “or a surviving
civil partner”,
(ii) in sub-paragraphs (a)
and (b) after the words “a spouse’s pension” there shall be
inserted the words “or a surviving civil partner’s pension, as the
case may be,”.
31 Public
Employees (Contributory Retirement Scheme) (Former Hospital Scheme) (Jersey) Regulations 1992
amended
(1) In
this Regulation “Regulations” means the Public Employees
(Contributory Retirement Scheme) (Former Hospital Scheme) (Jersey) Regulations 1992[32].
(2) In Regulation 1 of
the Regulations –
(a) in
the definition “child”, in sub-paragraph (b) after the word
“marriage” there shall be inserted the words “or civil
partnership”;
(b) in
the definition “dependant”, after the word “spouse”
there shall be inserted the words “or civil partner”;
(c) for
the definition “relations” there shall be substituted the following
definition –
“ ‘relations’ means –
(a) the
widow, widower or surviving civil partner of the member or any former husband, wife
or civil partner of the member;
(b) any
child or other descendant of the member and the husband, wife, civil partner,
widow, widower or surviving civil partner of any such child or other
descendant;
(c) the
father or mother (whether natural or adoptive) or other ancestor of the member
and the widow, widower or surviving civil partner of such father, mother or
other ancestor; and
(d) any
brother or sister of the member (whether of the whole blood or the half blood
and whether natural or adoptive) and the widow, widower or surviving civil
partner of any such person,
and for this purpose ‘child’ includes a stepchild, a legally
adopted child and a child to whom in the opinion of the Committee the member or
other person as appropriate stands, or would but for the member’s death
have stood, in loco parentis;”.
(3) For Regulation 13 of the Regulations
there shall be substituted the following Regulation –
A widow’s pension shall
cease to be payable to a widow –
(a) if she remarries, as from the date of such
marriage;
(b) during any period during which she is
cohabiting with a man as the man’s wife;
(c) if she enters into a civil partnership, as
from the date of such civil partnership;
(d) during any period during which she is
cohabiting with a woman as the woman’s civil partner.”.
(4) In Regulation 19
of the Regulations after the word “wife” there shall be inserted
the words “or civil partner”.
32 Public
Employees (Contributory Retirement Scheme) (General) (Jersey) Regulations 1989
amended
In the Public Employees (Contributory Retirement Scheme) (General)
(Jersey) Regulations 1989[33] –
(a) in Regulation 4A,
in the definition “member” after the word “widower”
there shall be inserted the words “or surviving civil partner”;
(b) in Regulation 16(1)
after the word “marriage,” there shall be inserted the words
“civil partnership,”.
33 Public
Employees (Contributory Retirement Scheme) (Jersey) Regulations 1967
amended
(1) In
this Regulation “Regulations” means the Public Employees
(Contributory Retirement Scheme) (Jersey) Regulations 1967[34].
(2) In Regulation 1
of the Regulations –
(a) in
the definition “child”, in sub-paragraph (b), after the word
“marriage” there shall be inserted the words “or civil
partnership”;
(b) for
the definition “relations” there shall be substituted the following
definition –
“ ‘relations’
means –
(a) the widow, widower or surviving civil
partner of the contributory member or any former husband, wife or civil partner
of the contributory member;
(b) any child or other descendant of the
contributory member and the husband, wife, civil partner, widow, widower or
surviving civil partner of any such child or other descendant;
(c) the father or mother (whether natural or
adoptive) or other ancestor of the contributory member and the widow, widower or
surviving civil partner of such father, mother or other ancestor; and
(d) any brother or sister of the contributory
member (whether of the whole blood or the half blood and whether natural or
adoptive) and the widow, widower or surviving civil partner of any such person,
and for this purpose ‘child’
includes a stepchild, a legally adopted child and a child to whom in the
opinion of the Committee of Management the contributory member or other person
as appropriate stands, or would but for the contributory member’s death
have stood, in loco parentis;”.
(3) For
Regulation 8(3) of the Regulations there shall be substituted the
following paragraph –
“(3) A widow’s pension shall
cease to be payable to a widow –
(a) if the widow remarries, as from the date of
such marriage;
(b) if the widow enters into a civil partnership,
as from the date of such civil partnership;
(c) during any period during which the widow is
cohabiting with a man as the man’s wife; and
(d) during any period during which the widow is
cohabiting with a woman as the woman’s civil partner.”.
34 Public
Employees (Contributory Retirement Scheme) (New Members) (Jersey) Regulations 1989
amended
(1) In
this Regulation “Regulations” means the Public Employees
(Contributory Retirement Scheme) (New Members) (Jersey) Regulations 1989[35].
(2) In Regulation 1
of the Regulations –
(a) in
the definition “child”, in sub-paragraph (b), after the word
“marriage” there shall be inserted the words “or civil
partnership”;
(b) for
the definition “relations” there shall be substituted the following
definition –
“ ‘relations’ means –
(a) the
widow, widower or surviving civil partner of the member or any former husband,
wife or civil partner of the member;
(b) any
child or other descendant of the member and the husband, wife, civil partner,
widow, widower or surviving civil partner of any such child or other
descendant;
(c) the
father or mother (whether natural or adoptive) or other ancestor of the member
and the widow, widower or surviving civil partner of such father, mother or
other ancestor; and
(d) any
brother or sister of the member (whether of the whole blood or the half blood
and whether natural or adoptive) and the widow, widower or surviving civil
partner of any such person,
and for this purpose ‘child’ includes a stepchild, a legally
adopted child and a child to whom in the opinion of the Committee the member or
other person as appropriate stands, or would but for the member’s death
have stood, in loco parentis;”.
(3) In Regulation 9
of the Regulations –
(a) in paragraph (3) –
(i) for the words “a
male who leaves a spouse, or” there shall be substituted the words
“a male who dies leaving a spouse, a male or female who dies leaving his
or her surviving civil partner or”,
(ii) after the words
“the spouse,” there shall be inserted the words “or the surviving
civil partner, as the case may be,”;
(b) in paragraph (4) –
(i) after the words
“leave a spouse” there shall be inserted the words “or a surviving
civil partner”,
(ii) in sub-paragraphs (a)
and (b) after the words “a spouse’s pension” there shall be
inserted the words “or a surviving civil partner’s pension, as the
case may be,”;
(c) in paragraph (5) –
(i) after the words
“the spouse” wherever they appear there shall be inserted the words
“or the surviving civil partner”,
(ii) after the words
“a spouse’s pension” in both places where they appear there
shall be inserted the words “or a surviving civil partner’s pension,
as the case may be,”.
(4) In Regulation 10
of the Regulations –
(a) in paragraph (2) –
(i) for the words
“leaves a spouse, or” there shall be substituted the words “dies
leaving a spouse, a male or female member dies leaving his or her civil partner,
or”,
(ii) after the words
“the spouse” there shall be inserted the words “or surviving
civil partner, as the case may be”;
(b) in paragraph (3) –
(i) after the words
“leave a spouse” there shall be inserted the words “or a surviving
civil partner”,
(ii) in sub-paragraphs (a)
and (b) after the words “a spouse’s pension” there shall be
inserted the words “or a surviving civil partner’s pension, as the
case may be,”.
(5) In Regulation 11
of the Regulations –
(a) in paragraph (1)
after the word “marriage” there shall be inserted the word
“or civil partnership”;
(b) in paragraph (2) –
(i) for the words
“leaves a spouse, or” there shall be substituted the words “dies
leaving a spouse, a male or female pensioner dies leaving his or her civil
partner or”,
(ii) after the words
“the spouse” there shall be inserted the words “or civil
partner, as the case may be”;
(c) in paragraph (3) –
(i) after the words
“leave a spouse” there shall be inserted the words “or a civil
partner”,
(ii) in sub-paragraphs (a)
and (b) after the words “a spouse’s pension” there shall be
inserted the words “or a surviving civil partner’s pension, as the
case may be,”.
(6) In Regulation 12
of the Regulations –
(a) in paragraph (2) –
(i) for the words
“leaves a spouse or” there shall be substituted the words “dies
leaving a spouse, a male or female pensioner dies leaving his or her civil
partner, or”,
(ii) after the words
“the spouse” there shall be inserted the words “or a surviving
civil partner, as the case may be,”;
(b) in paragraph (3) –
(i) after the words
“leave a spouse” there shall be inserted the words “or a civil
partner”,
(ii) in sub-paragraphs (a)
and (b) after the words “a spouse’s pension” there shall be
inserted the words “or a surviving civil partner’s pension, as the
case may be,”.
35 Public
Employees (Retirement) (Jersey) Law 1967 amended
In the
Public Employees (Retirement) (Jersey) Law 1967[36], in Articles 2(1) and
2(2)(d), for the words “their widows or widowers,” there shall be
substituted the words “their widows, widowers or civil partners,”.
36 Regulation
of Undertakings and Development (Jersey) Regulations 1978 amended
In the Regulation of Undertakings
and Development (Jersey) Regulations 1978[37], in Regulation 2(2)(c), after the word “spouse” there
shall be inserted the words “or civil partner”.
37 Rehabilitation
of Offenders (Exceptions) (Jersey) Regulations 2002 amended
In the Rehabilitation of Offenders (Exceptions) (Jersey) Regulations 2002[38], in Regulation 20(2)(a),
after the word “wife,” there shall be inserted the words
“civil partner,”.
38 Rehabilitation
of Offenders (Jersey) Law 2001 amended
In the Rehabilitation of Offenders (Jersey) Law 2001[39], in Article 8(2)(c)
after the words “marriage of any minor” there shall be inserted the
words “or the formation of a civil partnership of any minor”.
39 Shipping
(Load Line) (Jersey) Regulations 2004 amended
In the Shipping (Load Line)
(Jersey) Regulations 2004[40], in Article 1(1), in the definition “immediate family”
after the word “spouse” in both places where it appears there shall
be inserted the words “or civil partner”.
40 Shipping
(Survey and Certification) (No. 2) (Jersey) Order 2005 amended
In the Shipping (Survey and
Certification) (No. 2) (Jersey) Order 2005[41] –
(a) after Article 1(2)(c), which modifies
regulation 1(2) of the Merchant Shipping (Survey and Certification)
Regulations 1995 of the United Kingdom, there shall be inserted the following
sub-paragraph –
“(ca) in
regulation 1(2), in the definition ‘pleasure vessel’ after the
word ‘wife’ in both places where it appears there shall be inserted
the words ‘or civil partner’”;
(b) in the text of the Merchant Shipping (Survey
and Certification) Regulations 1995 of the United Kingdom, that is set out
for information only and does not form part of the Shipping (Survey and
Certifications) (No. 2) (Jersey) Order 2005, in the definition
“pleasure vessel” after the word “wife” in both places
where it appears there shall be inserted the words “or civil
partner”.
41 Shipping
(Tonnage) (Jersey) Regulations 2004 amended
In the Shipping (Tonnage)
(Jersey) Regulations 2004[42], in Regulation 1, in the definition “immediate family”
after the word “wife” in both places where it appears there shall
be inserted the words “or civil partner”.
42 Social
Security (Classification) (Jersey) Order 1974 amended
In the Social Security
(Classification) (Jersey) Order 1974[43], in Schedule 1 –
(a) in paragraphs 11 and 16, in
Column (A), after the word “wife” there shall be inserted the
words “or civil partner”;
(b) after paragraph 17 in Columns (A) and
(B) there shall be inserted the following paragraphs –
|
“17A. Employment of a
civil partner, by, or as partner of, or in any similar association with, his or
her civil partner.
|
17A. None.”.
|
(c) in paragraph 25, in Column (A) after
the word “spouse,” there shall be inserted the words “civil
partner,”.
43 Social
Security (Death Grant) (Jersey) Order 1974 amended
In the Social Security (Death
Grant) (Jersey) Order 1974[44] –
(a) in Article 2(c) after the word
“wife” there shall be inserted the words “, civil
partner”.
(b) for Article 8(1)(a), (b) and (c) there
shall be substituted the following sub-paragraphs –
“(a) in the case of the death of
the relevant person (being married or in a civil partnership), is the widow or
widower, or the surviving civil partner, as the case may be, of that person;
(b) in the case of the death of the relevant
person (being unmarried and not in a civil partnership), is a parent of that
person;
(c) in the case of the death of the husband or
wife or civil partner of the relevant person, is the relevant person; or”.
44 Social
Security (General Benefit) (Jersey) Order 1975 amended
In the Social Security (General
Benefit) (Jersey) Order 1975[45], after the last entry in Schedule 1 there shall be added the
following entries –
|
“A surviving civil partner
|
Survivor’s allowance
|
24(2)(b)
|
Period for which a
survivor’s pension is payable (being a period for which the surviving civil
partner is not entitled to survivor’s allowance).
|
|
A deceased civil partner
|
Old age pension
|
24(1)(a)
|
Survivor’s allowance for
surviving civil partner, if deceased civil partner was not entitled at date
of death to an old age pension.”.
|
45 Social
Security (Maternity Benefit) (Jersey) Order 1975 amended
In the Social Security (Maternity
Benefit) (Jersey) Order 1975[46], for Article 2(b), there shall be substituted the following
paragraph –
“(b) in their application to such
a case, the contribution conditions for a maternity grant as set out in
paragraph 5 of Schedule 2 to the Law shall apply as if for
sub-paragraph (2)(b) of that paragraph, there were substituted the
following –
‘(b) the
expression “relevant quarter” means the previous quarter but one
before the quarter in which it is to be expected that
the claimant will be confined or
(i) where
the relevant person is the husband and he was dead or over pensionable age on
the date of the making of the claim, the date of his attaining pensionable age
or dying under that age.”, and
(ii) where
the relevant person is the civil partner and she was dead or over pensionable
age on the date of the making of the claim, the date of her attaining
pensionable age or dying under that age.’.”
46 Social
Security (Television Licence Benefit) (Jersey) Regulations 2009 amended
(1) In this Regulation “Regulations”
means the Social Security (Television Licence Benefit) (Jersey) Regulations 2009[47].
(2) In Regulation 7(1) of the Regulations
after the word “spouse” wherever it appears there shall be inserted
the words “or civil partner”.
(3) For Regulation 7(3) of the Regulations
there shall be substituted the following paragraphs –
“(3) A person has a spouse for the
purposes of this Regulation if the person resides in domestic premises with a
person –
(a) to whom that person is married; or
(b) with whom that person has a marriage-like
relationship.
(3A) A person has a civil partner for the purposes of this
Regulation if the person resides in domestic premises with a person –
(a) who is his or her civil partner; or
(b) with whom that person has a civil partnership-like
relationship.”.
47 Stamp
Duties and Fees (Jersey) Law 1998 amended
In the Stamp Duties and Fees (Jersey) Law 1998[48] –
(a) for
the heading to Part 2 of the Schedule there shall be substituted the
heading “FEES IN MATRIMONIAL AND CIVIL PARTNERSHIP PROCEEDINGS”;
(b) in
Part 2 of the Schedule, for the first 7 entries in the table there
shall be substituted the entries in Schedule 2.
48 Standing
Orders of the States of Jersey amended
(1) In
this Regulation a reference to a standing order is to the standing order of
that number in the Standing Orders of the States of Jersey[49].
(2) In standing
order 1(1) –
(a) after
the definition “Chamber” there shall be inserted the following
definition –
“ ‘civil partner’ in relation to an elected
member, does not include a former civil partner of the elected member or a
civil partner who is living separately and apart from the elected
member;”;
(b) in
the definition “cohabitee” after the word “wife” there
shall be inserted the words “or civil partners”.
(3) In
standing orders 106, 130(6), 152(5), 153(4), and paragraphs 3(1), 5(1), 6,
7 and 8 of Schedule 2 to the standing orders, after the word
“spouse” wherever it appears there shall be inserted the words
“or civil partner”.
(4) In
Schedule 2 to the standing orders, in paragraph 5(3), after the word
“spouses” there shall be inserted the words “or civil
partners”.
49 Taxation
(Land Transactions) (Jersey) Law 2009 amended
In the Taxation (Land
Transactions) (Jersey) Law 2009[50], in the Schedule –
(a) in
paragraph 6(1) the word “or” following sub-paragraph (a) shall
be deleted;
(b) after paragraph 6(1)(b) the word
“or” and the following sub-paragraph shall be inserted –
“(c) is a transaction whereby
shares formerly owned by, or held on trust for the benefit of, an individual
are jointly owned by, or held on trust for the joint benefit of, that
individual and his or her civil partner and, at the time of the transaction,
the land is their civil partnership home.”;
(c) in
paragraph 7(1) the word “or” following sub-paragraph (a)
shall be deleted;
(d) after paragraph 7(1)(b) the word
“or” and the following sub-paragraph shall be inserted –
“(c) is a transaction whereby
shares formerly owned by, or held on trust for the benefit of, civil partners
jointly are solely owned by, or held on trust for the sole benefit of, one of
them and, at the time of the transaction, the land is their civil partnership
home.”.
50 Teachers’
Superannuation (Existing Members) (Jersey) Order 1986
(1) In
this Regulation “Order” means the Teachers’ Superannuation
(Existing Members) (Jersey) Order 1986[51].
(2) In Article 1
of the Order, in the definition “child”, after the word
“married” there shall be inserted the words “or in a civil
partnership”.
(3) In Article 8
of the Order after the words “spouse’s pension” in both
places were they appear there shall be inserted the words “or civil
partner’s pension”.
(4) In Article 31(4)
of the Order after the word “spouse” there shall be inserted the
words “or civil partner”.
(5) In Article 33(a)
of the Order after the word “spouse’s” there shall be
inserted the words “or civil partner’s”.
(6) In
Article 36(3)(a) of the Order after the word “spouse” there
shall be inserted the words “ or civil partner”.
(7) In
Article 37(2)(b) of the Order after the word “spouse” there
shall be inserted the words “or civil partner”.
(8) in
Article 38 of the Order after the word “spouse” wherever it
appear there shall be inserted the words “ or civil partner”.
(9) In
Article 40(1) of the Order after the word “marriage” in both
places it appears there shall be inserted the words “or entry into a civil
partnership”.
(10) In
Article 43(6) of the Order after the word “spouse” there shall
be inserted the words “or civil partner”.
(11) In Article 47
of the Order –
(a) in paragraph (1)(c)
after the word “spouse” there shall be inserted the words “or
civil partner”;
(b) in paragraph (2)(b)(i)
after the word “wife” there shall be inserted the words “or a
civil partner”.
(12) In Article 60
of the Order, for paragraph (c) there shall be substituted the following
paragraph –
“(c) in the case of a teacher who
has not been employed in reckonable service after 5th April 1978, the
references to the teacher’s spouse or civil partner do not include
references to a person whom the teacher married or with whom the person entered
into civil partnership after the day on which the teacher was last employed in
reckonable service;”.
(13) In Article 61
of the Order after the word “spouse” wherever it appears there
shall be inserted the words “or a civil partner”.
(14) In Article 62(1)
of the Order after the word “spouse” wherever it appears there
shall be inserted the words “or a civil partner”.
(15) In Article 63
of the Order –
(a) for
paragraph (1) there shall be substituted the following paragraph –
“(1) A teacher in reckonable
service, who is neither married nor in a civil partnership, may at any time
nominate to receive a pension under this Order –
(a) the teacher’s parent;
(b) a descendent of either of the
teacher’s parents, provided the descendent is neither married nor in a
civil partnership;
(c) the teacher’s widowed stepmother or
stepfather, or the surviving civil partner of the teacher’s father or
mother; or
(d) any descendent of the teacher’s
deceased spouse or civil partner, provided the descendent is neither married
nor in a civil partnership,
if the person nominated is,
at the time of the nomination, wholly or mainly dependent on the teacher and no
other nomination made by the teacher for the purposes of this Part or of
previous provisions relating to family benefits is in force.”;
(b) in paragraph (2)(b)
and (2)(c) after the word “marriage” there shall be inserted the
words “or entry into a civil partnership”.
(16) In Article 64
of the Order –
(a) in
the heading after the word “spouse” there shall be inserted the
words “or civil partner”;
(b) in paragraph (1)
after the word “spouse” there shall be inserted the words “, or
civil partner”;
(c) for
paragraph (5) there shall be substituted the following paragraph –
(5) in the case of a spouse or surviving civil
partner of a male teacher (employed in reckonable service after 5th April 1978)
who is a widow or surviving civil partner who married him, or who entered into
civil partnership with him, after the day on which he was last employed in
reckonable service, the reckonable service of the teacher counting for benefit
for the purposes of this Article is his reckonable service after 5th April 1978.”.
(d) for
paragraph (6) there shall be substituted the following
paragraph –
(6) in the case of a spouse or surviving civil
partner of a female teacher who is a widower or surviving civil partner (but
not a nominated beneficiary), the reckonable service of the teacher counting
for the purposes of this Article is her reckonable service on or after 6th April 1988
together with any reckonable service before that date in respect of which she
elected to pay contributions under Article 36(2) or (3).
(17) In Article 65
of the Order –
(a) in paragraphs (1)
and (2), after the word “spouse” wherever it appears there shall be
inserted the words “or a civil partner”;
(b) for
paragraph (6) there shall be substituted the following paragraph –
“(6) If the teacher is survived by
a spouse or a civil partner whom the teacher married or with whom the teacher entered
into a civil partnership after the day on which he or she was last employed in
reckonable service but his or her surviving children include a child of a
marriage or civil partnership contracted on or before that day (the
‘previous marriage or civil partnership’) then, so long as there is
a child of the previous marriage or the civil partnership, paragraph (7)
shall apply to the exclusion of paragraph (1) for the purposes of calculating
the pension in respect of the teacher’s children.”;
(c) in paragraphs (7)
and (8) after the word “marriage” wherever it appears there shall
be inserted the words “or civil partnership”.
(18) In Article 66
of the Order –
(a) in
the heading after the word “spouses” there shall be inserted the
words “and civil partners”;
(b) after
the word “spouse” wherever it appears there shall be inserted the
words “or civil partner”.
(19) In Article 67
of the Order –
(a) in
the heading after the word “spouses” there shall be inserted the
words “and civil partners”;
(b) in
paragraph (1) after the word “spouse” in both places where it
appears there shall be inserted the words “or civil partner”.
(20) In Article 68
of the Order –
(a) in paragraphs (1),
(2), (4)(a) and (5)(a) after the word “spouse” wherever it appears
there shall be inserted the words “or civil partner”;
(b) in paragraph (4)(a)
after the word “spouse’s” there shall be inserted the words
“or civil partner’s”;
(c) in paragraph (4)
after the word “marries” there shall be inserted the words
“or enters into a civil partnership”;
(d) after
paragraph (5) there shall be inserted the following paragraph –
“(5A) If a person to whom a long-term pension is
payable under paragraph (1) begins to live as a civil partner with a
person to whom he or she has not entered into a civil partnership, then, unless
the Management Board otherwise directs and subject to paragraph (6) –
(a) in the case of a pension payable to the
civil partner of a teacher who was employed in reckonable service after 5th April 1978,
which includes such a period of service as is mentioned in paragraph (4)(a),
so much of the pension as exceeds the civil partner’s guaranteed minimum
pension shall cease to be payable and, in respect of any period before the
civil partner has attained insured pensionable age for which the civil partner
is so living, the balance of the pension shall also not be payable; and
(b) in the case of any other pension, the whole
pension shall cease to be payable.”;
(e) for
paragraph (6) there shall be substituted the following paragraph –
“(6) Any pension which has ceased
to be payable under paragraph (4), (5) or (5A), in whole or in
part, shall, if the Management Board so directs, again become payable, or
wholly payable, on the pensioner’s marriage or civil partnership
terminating (by death or divorce or dissolution) or, as the case may be, on the
pensioner ceasing to live as husband or wife with a person to whom he or she is
not married, or as a civil partner with a person with whom he or she has not
formed a civil partnership.”.
(21) In Article 73 –
(a) in paragraph (1)
after the word “spouse” wherever it appears there shall be inserted
the words “or civil partner”;
(b) in paragraph (2),
after the words “declaration” there shall be inserted the words
“and ‘civil partner’ means civil partner at the time of the
declaration”.
51 Teachers’
Superannuation (New Members) (Jersey) Order 2007 amended
(1) In
this Regulation “Order” means the Teachers’ Superannuation
(New Members) (Jersey) Order 2007[52].
(2) Article 1
of the Order –
(a) in
the definition “child”, in sub-paragraph (b) after the word
“marriage” there shall be inserted the words “or civil
partnership”;
(b) for
the definition “relations” there shall be substituted the following
definition –
“ ‘relations’,
in relation to a member, means –
(a) the widow, widower or surviving civil
partner of the member or any former husband, wife or civil partner of the
member;
(b) any child or other descendant of the member
and the husband, wife, civil partner, widow, widower or surviving civil partner
of any such child or other descendant;
(c) the father or mother (whether natural or
adoptive) or other ancestor of the member and the widow, widower or surviving
civil partner of such father, mother or other ancestor; and
(d) any brother or sister of the member (whether
of the whole blood or the half blood and whether natural or adoptive) and the
widow, widower or surviving civil partner of any such person,
and for this purpose ‘child’
includes a stepchild, a legally adopted child and a child to whom in the
opinion of the Management Board the member or other person as appropriate
stands, or would but for the member’s death have stood, in loco parentis;”.
(3) In Article 24
of the Order, in the heading and paragraph (1), after the word
“spouse” wherever it appears there shall be inserted the words
“or civil partner”.
(4) In Article 25
of the Order –
(a) in
the heading and paragraph (1), after the word “spouse” there
shall be inserted the words “or civil partner”;
(b) in paragraphs (2)
and (3), after the word “spouse’s” wherever it appears there
shall be inserted the words “or civil partner’s”.
(5) In Article 26
of the Order –
(a) in paragraphs (1)
and (3), after the word “spouse” wherever it appears there shall be
inserted the words “or civil partner”;
(b) in paragraph (1),
after the word “spouse’s” wherever it appears there shall be
inserted the words “or civil partner’s”.
(6) In Article 28
of the Order –
(a) in
the heading after the word “spouse” there shall be inserted the
words “or surviving civil partner”;
(b) in paragraph (1) –
(i) after the words
“a spouse” there shall be inserted the words “or civil
partner”,
(ii) after the words
“the spouse” there shall be inserted the words “or surviving
civil partner”.
(7) In Article 29
of the Order –
(a) in
the heading and paragraph (1), after the word “spouse” there
shall be inserted the words “or civil partner”;
(b) in paragraph (2)
and (3) after the word “spouse’s” wherever it appears there
shall be inserted the words “or surviving civil partner’s”.
(8) In Article 30
of the Order –
(a) in
the heading after the word “spouse” there shall be inserted the
words “or surviving civil partner”;
(b) in paragraphs (2)
and (6) –
(i) after the words
“a spouse” there shall be inserted the words “or civil
partner”,
(ii) after the words
“the spouse” there shall be inserted the words “or surviving
civil parter”;
(c) in paragraphs (4)
and (8) after the word “marriage” there shall be inserted the word
“or civil partnership”.
(9) In Article 31
of the Order –
(a) in
the heading after the word “spouse” there shall be inserted the
words “or surviving civil partner”;
(b) in paragraph (1)
after the word “spouse” there shall be inserted the words “or
civil partner”;
(c) in paragraphs (2)
and (3) after the word “spouse’s” there shall be inserted the
words “or surviving civil partner’s”.
(10) In Article 32
of the Order –
(a) in paragraph (2) –
(i) after the words
“a spouse” there shall be inserted the words “or civil
partner”,
(ii) after the words
“the spouse” there shall be inserted the words or civil
partner”;
(b) in paragraph (5),
after the words “a spouse” there shall be inserted the words
“or civil partner”;
(c) in paragraphs (6)
and (7) after the word “spouse’s” wherever it appears there
shall be inserted the words “or surviving civil partner’s”.
(11) In Article 47(1)
of the Order the word “marriage” there shall be inserted the words
“, civil partnership,”.
52 Trusts
(Jersey) Law 1984 amended
In the Trusts (Jersey) Law 1984[53], in Article 9(6), in
the definition “personal relationship” –
(a) in paragraph (a),
for the word “marriage” in both places where it appears there shall
be substituted the words “marriage, civil partnership”;
(b) in paragraph (b),
after the word “wife” there shall be inserted the words “or
civil partners”.
53 Citation
and commencement
These Regulations may be cited as the Civil Partnership
(Consequential Amendments) (Jersey) Regulations 2012 and –
(a) Regulation 3
shall come into force immediately after the coming into force of paragraph 2
of Part 2 of Schedule 2 to the Intellectual Property (Unregistered Rights) (Jersey) Law 2011[54]; and
(b) the remainder of the Regulations shall come into force immediately after the coming into force of the
Civil Partnership (Jersey) Law 2012[55].
a.h. harris
Deputy Greffier of the States