Covid-19 (Civil Partnership and Marriage) (Jersey)
Regulations 2020
Made 19th May 2020
Coming into
force 20th May 2020
THE STATES make these Regulations under Article 2
of the Covid‑19 (Enabling Provisions) (Jersey)
Law 2020[1] –
1 Temporary amendment of Civil Partnership (Jersey) Law 2012
After Article 26 of
the Civil Partnership (Jersey) Law 2012[2] there is inserted –
“PART
2A
temporary
measures due to covid-19 outbreak
26A Change to publication
requirements for notices of civil partnerships
(1) The Superintendent Registrar must publish
on the States of Jersey website –
(a) a list of notices of civil partnership; and
(b) particulars of a notice of civil
partnership for which he or she has not yet granted a licence or certificate.
(2) The Superintendent Registrar is not
required to display those notices or particulars in the entrance to or outside
the office of the Superintendent Registrar.
(3) This Article overrides Article 7(7).
26B Change
to process for declarations and affirmations for licences
(1) A person requesting a licence –
(a) is not required to comply with Article 9(2);
but
(b) must comply with this Article.
(2) This Article is complied with if, –
(a) over an audio-visual link in which the
Superintendent Registrar and the person can see and hear each other, the
Superintendent Registrar –
(i) positively
identifies the person,
(ii) sees and hears the person make a solemn
declaration that the person believes there is no lawful impediment to the civil
partnership being formed, and
(iii) sees the person sign the declaration;
(3) For the purpose of Article 9(3), a
request is deemed to be made in accordance with Article 9 if Article 9(1)
and this Article are complied with.
26C Change to process for declarations and
affirmations for certificates of civil partnerships
(1) A person requesting a certificate of civil
partnership –
(a) is not required to comply with Article 12(2);
but
(b) must comply with this Article.
(2) This Article is complied with if, –
(a) over an audio-visual link in which the
Superintendent Registrar and the person can see and hear each other, the
Superintendent Registrar –
(i) positively
identifies the person,
(ii) sees and hears the person make a solemn
declaration that the person believes there is no lawful impediment to the civil
partnership being formed, and
(iii) sees the person sign the declaration;
(b) the person sends the signed declaration to
the Superintendent Registrar; and
(c) the Superintendent Registrar certifies, on
the signed declaration, that sub-paragraph (a) was complied with.
(3) For the purpose of Article 12(3), a
request is deemed to be made in accordance with Article 12 if Article 12(1)
and this Article are complied with.
This Part expires on 30th September 2020.”.
2 Temporary amendment of Marriage and
Civil Status (Jersey) Law 2001
After Article 24G of the Marriage and Civil Status (Jersey) Law 2001[3] there is inserted –
“Temporary
measures due to Covid-19 outbreak
24H Change to process to give
notice of intended marriage
(1) Parties to an intended marriage must use
the process in Article 10(6) to give notice of their intended marriage.
(2) This Article overrides Article 10(5).
24I Change
to publication requirements for notices of intended marriage
(1) The Superintendent Registrar is not
required to publish a notice of intended marriage at the Office of the
Superintendent Registrar.
(2) This Article overrides Article 11(1)(a).
24J Change
to signature verification process for issue of marriage schedule
(1) The Superintendent Registrar must not issue
a marriage schedule unless –
(a) the requirements in Article 15(3)(b)
to (d) are satisfied; and
(b) this Article is complied with.
(2) This Article is complied with if, –
(a) over an audio-visual link in which the
Superintendent Registrar and the parties (either together or separately) can
see and hear each other, the Superintendent Registrar –
(i) positively
identifies the parties,
(ii) sees the parties sign the signature
verification form, and
(iii) is satisfied (by whatever means the
Superintendent Registrar considers practical) that the document signed by the
parties is the signature verification form;
(b) the parties send the signed signature
verification form to the Superintendent Registrar;
(c) the Superintendent Registrar is satisfied
that the signatures on the freedom to marry declarations are the signatures of
the parties; and
(d) the Superintendent Registrar certifies, on
the signed signature verification form, that sub-paragraph (a) was complied
with.
(3) This Article overrides Article 15(3).
(4) Any provision that is subject to Article 15(3)
(in whole or in part) is subject to this Article.
24K Change
to process for signing certificate of no impediment
(1) The Superintendent Registrar must not issue
a certificate of no impediment to marriage unless –
(a) the requirements in Article 16(3)(a)
and (c) are satisfied; and
(b) this Article is complied with.
(2) This Article is complied with if, –
(a) over an audio-visual link in which the
Superintendent Registrar and the person can see and hear each other, the
Superintendent Registrar –
(i) positively
identifies the person,
(ii) sees the person sign the certificate of no
impediment to marriage, and
(iii) is satisfied (by whatever means the
Superintendent Registrar considers practical) that the document signed by the
person is the certificate;
(b) the parties send the signed certificate to
the Superintendent Registrar; and
(c) the Superintendent Registrar certifies, on
the signed certificate, that sub-paragraph (a) was complied with.
(3) This Article overrides Article 16(3).
24L Change
to signature verification process for issue of conversion declaration form
(1) The Superintendent Registrar must not issue
a conversion declaration form unless –
(a) the requirements in Article 21(3)(b)
and (c) are satisfied; and
(b) this Article is complied with.
(2) This Article is complied with if –
(a) the parties send to the Superintendent
Registrar the original or certified copy of the documents required under
Articles 19(3)(c) and 20(2);
(b) after the Superintendent Registrar has
received the required documents, over an audio-visual link in which the
Superintendent Registrar and the parties (either together or separately) can
see and hear each other, the Superintendent Registrar –
(i) positively
identifies the parties,
(ii) sees the parties sign the signature
verification form, and
(iii) is satisfied (by whatever means the
Superintendent Registrar considers practical) that the document signed by the
parties is the signature verification form;
(c) the parties send the signed signature verification
form to the Superintendent Registrar; and
(d) the Superintendent Registrar certifies, on
the signed signature verification form, that sub-paragraphs (a) and (b) were
complied with.
24M Expiry of provisions related
to temporary Covid-19 measures
This Article, Articles 24H to 24L and the cross-heading above
Article 24H expire on 30th September 2020.”.
3 Temporary amendment of Civil Partnership (Forms, Registration
and Fees) (Jersey) Order 2012
(1) After
Article 2(1) of the Civil Partnership (Forms, Registration and Fees)
(Jersey) Order 2012[4] there is inserted –
“(1A) If the notice of civil partnership is not
signed in the presence of the Superintendent Registrar, the Superintendent
Registrar must indicate that fact on the notice but may sign the notice.”.
(2) After
Article 2(2) of the Civil Partnership (Forms, Registration and Fees)
(Jersey) Order 2012[5] there is inserted –
“(2A) If the declaration required under Article 7(5)(b)
of the Law is not signed in the presence of the Superintendent Registrar, the
Superintendent Registrar must indicate that fact on the notice but may sign the
notice.”.
(3) After
Article 10 of the Civil Partnership (Forms, Registration and Fees)
(Jersey) Order 2012[6] there is inserted –
“10A Expiry of temporary Covid-19
measure
This Article, Article 2(1A) and Article 2(2A) expire on
30th September 2020.”.
4 Temporary amendment of Marriage and Civil Status (Jersey)
Order 2018
After Article 32 of
the Marriage and Civil Status (Jersey) Order 2018[7] there is inserted –
“32A Change to signature
verification process during Covid-19 outbreak
(1) A signature verification form is deemed to
be signed in the presence of the Superintendent Registrar if Article 24J
or 24L of the Law (as appropriate) is complied with.
(2) This Article expires on 30th September
2020.”.
5 Citation and commencement
These Regulations may be
cited as the Covid-19 (Civil Partnership and
Marriage) (Jersey) Regulations 2020 and come into force on the day after they
are made.
dr. m. egan
Greffier of the States