Civil Partnership
(Procedures, Special Circumstances and Approved Locations) (Jersey) Order 2023
THE MINISTER
FOR HOME AFFAIRS makes this Order under Articles 3, 6B, 7, 9, 12, 13, 14B, 17, 18, 21A,
25, 26AC, 26AA and 72A of the Civil Partnership (Jersey) Law 2012 –
Commencement [see endnotes]
Part 1
Introductory
1 Interpretation
In this Order –
“administering authority” means a person
that manages or is responsible for a location;
“approved location” means a location
approved for the solemnisation of civil partnerships in accordance with the
scheme for approval set out in Part 4;
“Law” means the Civil Partnership
(Jersey) Law 2012;
“person organising the solemnisation of a civil
partnership” includes –
(a) a
party to the civil partnership; and
(b) a
person contracted by the parties to the civil partnership for the purpose of
organising the civil partnership celebration;
“relevant authority” means an authority
that is responsible for issuing a licence or other permission required in
relation to the use of a location;
“responsible person” means –
(a) a
person organising the solemnisation of a civil partnership; or
(b) the
proprietor, trustee, managing agent or administering authority of a location.
Part 2
Procedures,
notices and forms for civil partnership
2 Application
for notice of intended civil partnership
An application under
Article 6B of the Law for a notice of intended civil partnership must
contain the following particulars –
(a) for
each person who is a party to the intended civil partnership, that person’s –
(i) forenames as they
appear on the person’s birth certificate (and deed poll, if applicable),
(ii) surname,
and any previous surname, as they appear on the person’s birth
certificate (and deed poll, if applicable),
(iii) date
of birth,
(iv) place
of birth,
(v) nationality,
(vi) usual
place of residence,
(vii) period of
residence at usual place of residence,
(viii) civil status,
(ix) immigration
status,
(x) sex (and gender, if
different from sex), and
(xi) occupation
or profession;
(b) the
full names of the parents of each party to the civil partnership, the
relationship of the parent (mother/father/parent) to the party and the
occupation or profession of the parent;
(c) a
declaration signed by each person who made the application stating “I hereby
confirm that the information provided is correct to the best of my
knowledge”;
(d) a
statement as to whether a certificate of freedom to form a civil partnership
will be provided;
(e) if
the application relates to a certificate of no impediment to formation of a
civil partnership for the solemnisation of a civil partnership outside
Jersey –
(i) a statement to
that effect, and
(ii) the
name of the applicant for that certificate;
(f) the
name of the civil partnership celebrant, if one has been chosen;
(g) the full
name and physical address and, if different, the postal address of the approved
location at which the civil partnership is proposed to be solemnised, and the
alternative location if applicable;
(h) the
proposed date of civil partnership; and
(i) the
proposed time of civil partnership.
3 Notice
of intended civil partnership form
A form of notice of
intended civil partnership under Article 7 of the Law must include the
following particulars –
(a) for
each person who is a party to the intended civil partnership, the person’s –
(i) forenames as they
appear on the person’s birth certificate (and deed poll, if applicable),
(ii) surname,
and any previous surname, as they appear on the person’s birth
certificate (and deed poll, if applicable),
(iii) date
of birth,
(iv) nationality,
(v) usual place of residence,
(vi) period
of residence at usual place of residence,
(vii) civil
status, and
(viii) occupation or
profession;
(b) the
full name and physical address and, if different, the postal address of the
approved location at which the civil partnership is proposed to be solemnised,
and the alternative location if applicable;
(c) a
declaration by the parties to the civil partnership stating “We hereby
give notice that we intend to form a civil partnership with each other on
<date>, that <date> being not more than 12 months from the
date on which we signed this notice”; and
(d) the
signature, printed names and date of signing of both parties to the civil
partnership.
4 Freedom
to form a civil partnership declaration
A freedom to form a civil
partnership declaration must, in addition to the declaration set out in Article 7(8)
of the Law, include the following particulars –
(a) the
full name and signature of the person making the declaration of freedom to form
a civil partnership;
(b) the
date the declaration was signed;
(c) the
date, time and parish of the intended civil partnership; and
(d) the
full name and physical address and, if different, the postal address of the
approved location at which the civil partnership is proposed to be solemnised,
and the alternative location if applicable.
5 Civil
partnership schedule
A civil partnership
schedule issued under Article 9 of the Law must contain the following
particulars –
(a) the
parish register number;
(b) the
entry number;
(c) the
parish in which the civil partnership is solemnised;
(d) for
each person who is a party to the civil partnership, the person’s –
(i) forenames as they
appear on the person’s birth certificate (and deed poll, if applicable),
(ii) surname,
and any previous surname, as they appear on the person’s birth
certificate (and deed poll, if applicable),
(iii) date
of birth,
(iv) civil
status,
(v) occupation or
profession,
(vi) usual
place of residence, and
(vii) place of
birth;
(e) the
full names of the parents of each party to the civil partnership, the
relationship of the parent (mother/father/parent) to the party and the
occupation or profession of the parent;
(f) a
declaration signed and dated by the Superintendent Registrar stating
“<applicant> and <applicant> have given notice of their intention
to enter into a civil partnership. That notice has been displayed in accordance
with the Civil
Partnership (Jersey) Law 2012 and both parties have signed a solemn declaration
that there is no impediment to their civil partnership. The formation of this
civil partnership can now proceed.”;
(g) the
date and time of the civil partnership;
(h) the
location of the civil partnership;
(i) the
signatures of the parties to the civil partnership and printed names of the
parties to the civil partnership;
(j) the
signatures of the witnesses and printed names of the witnesses to the civil
partnership;
(k) the
printed name and title of the civil partnership celebrant; and
(l) the
signature of the civil partnership celebrant and date that the civil
partnership celebrant signs the civil partnership schedule.
6 Signature
verification form
The signature
verification form referred to in Article 9(3) of the Law must contain the
following particulars for each person who is a party to the civil
partnership –
(a) the
person’s forenames as they appear on the person’s birth certificate
(and deed poll, if applicable);
(b) the
person’s surname, and any previous surname, as they appear on the person’s
birth certificate (and deed poll, if applicable);
(c) the
person’s signature (which must be signed in the presence of the Superintendent
Registrar);
(d) the
date of the person’s signature; and
(e) a
photograph of the person.
7 Civil
partnership certificate
(1) A
civil partnership certificate issued under Article 9(7) of the Law must
contain the following particulars –
(a) the
entry number;
(b) the
parish in which the civil partnership is solemnised;
(c) the
authority under which the civil partnership is solemnised;
(d) the date
and time of the civil partnership;
(e) for
each person who is a party to the civil partnership, the person’s –
(i) forenames
as they appear on the person’s birth certificate (and deed poll, if
applicable),
(ii) surname,
and any previous surname, as they appear on the person’s birth
certificate (and deed poll, if applicable),
(iii) date
of birth,
(iv) civil
status,
(v) occupation or
profession,
(vi) usual
place of residence, and
(vii) place of
birth;
(f) the
full names of the parents of each party to the civil partnership, the
relationship of the parent (mother/father/parent) to the party and the
occupation or profession of the parent;
(g) the
location of the civil partnership;
(h) the signatures
of the parties to the civil partnership and printed names of the parties to the
civil partnership;
(i) the
signatures of the witnesses and printed names of the witnesses to the civil
partnership;
(j) the
printed name and title of the civil partnership celebrant; and
(k) the
signature of the civil partnership celebrant and date on which the civil
partnership celebrant signed the civil partnership certificate.
(2) A
civil partnership certificate issued under Article 9(7) of the Law for a
civil partnership by conversion must contain the following
particulars –
(a) entry
number;
(b) the
name of the parish in which the civil partnership is solemnised;
(c) for
each person who is a party to the civil partnership, the person’s –
(i) forenames as they
appear on the person’s birth certificate (and deed poll, if applicable),
(ii) surname,
and any previous surname, as they appear on the person’s birth
certificate (and deed poll, if applicable),
(iii) date
of birth,
(iv) civil
status,
(v) occupation or
profession,
(vi) usual
place of residence, and
(vii) place of
birth;
(d) the
full names of the parents of each party to the civil partnership, the
relationship of the parent (mother/father/parent) to the party and the
occupation or profession of the parent;
(e) a
statement which indicates the following information –
(i) that the civil
partnership was converted from a marriage, and the date of the conversion,
(ii) that
the details recorded on the civil partnership certificate are as stated on the
date of the marriage, and
(iii) that,
in accordance with Article 26AD(15) of the Law, the marriage that is
converted –
(A) if it was
solemnised before 2nd April 2012, is to be treated as having become a
civil partnership on that date, or
(B) if it
was solemnised on or after that date, is to be treated as if it had always been
a civil partnership;
(f) signatures
of the parties to the civil partnership in accordance with Article 26AD(10)
of the Law and printed names of the parties to the civil partnership;
(g) the
date, and time (if any), of the civil partnership (this being the date, and
time (if any), of the marriage);
(h) the
location of the civil partnership;
(i) the
printed name and the title of the civil partnership celebrant; and
(j) the
signature of the civil partnership celebrant and date on which the civil
partnership celebrant signed the civil partnership certificate.
(3) Where
the Superintendent Registrar issues a certified copy of a civil partnership
certificate, the certified copy must include a declaration, signed by the
Superintendent Registrar, stating that the certificate is a true and faithful
extract of the Register of Civil Partnerships of the parish in which the civil
partnership took place.
8 Certificate
of no impediment to civil partnership
A certificate of no
impediment to civil partnership issued under Article 12 of the Law must
contain the following particulars –
(a) for
each person who is a party to the civil partnership, the person’s –
(i) forenames as they
appear on the person’s birth certificate (and deed poll, if applicable),
(ii) surname,
and any previous surname, as they appear on the person’s birth
certificate (and deed poll, if applicable),
(iii) date
of birth,
(iv) place
of birth,
(v) nationality,
(vi) usual
place of residence,
(vii) period of
residence at usual place of residence, and
(viii) civil status;
(b) the
date of the civil partnership;
(c) the location
of the civil partnership;
(d) the
name of the party to the civil partnership who is the applicant for the
certificate of no impediment to civil partnership;
(e) the
date by which the certificate of no impediment to civil partnership will no
longer be valid under Article 12(6)(b) of the Law;
(f) certification
by the Superintendent Registrar –
(i) that notice of
intended civil partnership has been given and signed by both parties to the
civil partnership, and the date on which the notice was given (as required
under Article 12(5) of the Law),
(ii) that
the applicant referred to in paragraph (d) has met the requirements set
out in Article 12 of the Law,
(iii) that no
impediment to the proposed civil partnership has been shown to the
Superintendent Registrar,
(iv) that the
Superintendent Registrar knows of no reason under the Law that would prevent
the applicant referred to in paragraph (d) from entering into a civil
partnership if that civil partnership were to be formed in Jersey;
(g) the
signature of the applicant referred to in paragraph (d) and the
Superintendent Registrar and the date on which the certificate of no impediment
was signed by the applicant and the Superintendent Registrar.
9 Application
for conversion
An application for a
conversion under Article 26AA of the Law must include the following particulars –
(a) for
each person who is a party to the civil partnership, that person’s –
(i) forenames as they
appear on the person’s birth certificate (and deed poll, if applicable),
(ii) surname,
and any previous surname, as they appear on the person’s birth
certificate (and deed poll, if applicable),
(iii) date
of birth,
(iv) place
of birth,
(v) nationality,
(vi) immigration
status,
(vii) usual place
of residence,
(viii) period of
residence at usual place of residence,
(ix) civil
status,
(x) sex (and gender, if
different from sex), and
(xi) occupation
or profession;
(b) the
full names of the parents of each party to the civil partnership, the
relationship of the parent (mother/father/parent) to the party and the
occupation or profession of the parent;
(c) a
declaration signed by each person who made the application stating “I hereby
confirm that the information provided is correct to the best of my
knowledge”;
(d) the
name of the civil partnership celebrant, if one has been chosen;
(e) the
full name and physical address and, if different, the postal address of the
approved location at which the civil partnership is proposed to be solemnised
and the alternative location if applicable;
(f) the
proposed date of the civil partnership;
(g) the
proposed time of the civil partnership; and
(h) the
date and place where the marriage was formed, and confirmation that the
marriage has not been dissolved.
10 Conversion
schedule
A conversion schedule
issued under Article 26AC of the Law must contain the following
particulars –
(a) the
parish register number;
(b) the
parish in which the civil partnership is solemnised;
(c) for
each person who is a party to the civil partnership, the person’s –
(i) forenames as they
appear on the person’s birth certificate (and deed poll, if applicable),
(ii) surname,
and any previous surname, as they appear on the person’s birth certificate
(and deed poll, if applicable),
(iii) date
of birth,
(iv) civil
status,
(v) occupation or
profession,
(vi) usual
place of residence, and
(vii) place of
birth;
(d) the
date, and time (if any), of the civil partnership, this being the date, and
time (if any), that the marriage was formed;
(e) the
full names of the parents of each party to the civil partnership, the
relationship of the parent (mother/father/parent) to the party and the
occupation or profession of the parent;
(f) a
statement which includes the following information –
(i) that the civil
partnership was converted from a marriage, and the date of the conversion,
(ii) that
the details recorded on the conversion schedule are the same as those stated on
the marriage document or a similar document issued by a competent authority
outside Jersey for a marriage formed outside Jersey, and
(iii) that,
by Article 26AD(15) of the Law, the marriage –
(A) if it was
solemnised before 2nd April 2012, is to be treated as having become a
civil partnership on that date, or
(B) if it
was solemnised on or after that date, is to be treated as if it had always been
a civil partnership;
(g) a
statement made by the parties confirming that the civil partnership which
results from the conversion of their marriage is not void under Article 5
of the Law;
(h) the
date and time of the civil partnership;
(i) the
location of the civil partnership;
(j) the
signatures of the parties to the civil partnership and printed names of the
parties to the civil partnership;
(k) the
printed name and title of the civil partnership celebrant;
(l) certification
by the civil partnership celebrant, in their own hand, of the time and date at
which the civil partnership was solemnised and signed by the civil partnership
celebrant; and
(m) a statement
signed and dated by the Superintendent Registrar stating the following:
“Whereas <applicant> and <applicant> have applied to convert
their marriage to a civil partnership, the Superintendent Registrar, having
considered the application, approves the conversion of their marriage to a
civil partnership”.
11 Information,
books and indexes kept by the Superintendent Registrar
(1) The
book kept by the Superintendent Registrar under Article 17(2)(b) of the
Law must contain the following particulars in respect of each notice –
(a) for
each person who is a party to the civil partnership, the person’s –
(i) forenames as they
appear on the person’s birth certificate (and deed poll, if applicable),
(ii) surname,
and any previous surname, as they appear on the person’s birth
certificate (and deed poll, if applicable),
(iii) date
of birth,
(iv) nationality,
(v) usual place of
residence,
(vi) period
of residence at usual place of residence,
(vii) civil
status, and
(viii) occupation or
profession;
(b) the
full name and physical address and, if different, the postal address of the
approved location at which the civil partnership is proposed to be solemnised;
(c) a
declaration by the parties to the civil partnership stating “We hereby
give notice that we intend to enter into a civil partnership with each other on
<date>, and that <date> is no more than 12 months from the
date on which we signed this notice”;
(d) the
signature and printed names of the parties to the civil partnership and date of
signing;
(e) the
date that the notice of intended civil partnership was given;
(f) annotations
by the Superintendent Registrar, if any; and
(g) the
signature of the Superintendent Registrar.[1]
(2) The
index kept under Article 17(2)(d) of the Law must contain the following
particulars for each party to the civil partnership –
(a) the
party’s forenames as they appear on the party’s birth certificate
(and deed poll, if applicable); and
(b) the
party’s surname, and any previous surname, as they appear on the party’s
birth certificate (and deed poll, if applicable).
12 Official
searches of records by Superintendent Registrar
An application for a
search under Article 21A of the Law must contain the following particulars –
(a) the
applicant’s forenames and surnames, including previous names or aliases
used;
(b) the
applicant’s date and place of birth;
(c) the
applicant’s contact details;
(d) details
of any events in the applicant’s life that the Superintendent Registrar
considers to be relevant (“relevant life events”), including –
(i) the date of any
previous marriage or civil partnership,
(ii) the
date of any divorce or dissolution, and
(iii) any
other details the Superintendent Registrar considers to be relevant;
(e) the
names of the applicant’s civil partner;
(f) dates
considered by the Superintendent Registrar to be relevant, including the date
of registration of a relevant life event;
(g) evidence
of the applicant’s identity;
(h) a
declaration by the applicant stating that the information provided is correct
to the best of the applicant’s knowledge; and
(i) the
applicant’s signature and the date of signing.
13 Registration
of civil partnership
(1) In
order to satisfy the requirements of Article 18(2) of the Law, a registrar of a
parish in which a civil partnership is solemnised must –
(a) retain
in the register, in the date order in which civil partnerships are solemnised,
all civil partnership schedules in respect of civil partnerships solemnised by
the registrar; and
(b) number
each civil partnership schedule with a parish register entry number which shall
be progressive beginning with the number 1 in each register.
(2) In
order to satisfy the requirements of Article 18(2) of the Law, a registrar of a
parish in which a civil partnership by conversion is solemnised
must –
(a) retain
in a register and in the date order in which civil partnerships are solemnised
all conversion schedules in respect of civil partnerships solemnised by the
registrar; and
(b) number
each conversion schedule with a parish register entry number which shall be
progressive beginning with the number 1 in each register.
14 Return
of registers etc. by registrar
(1) A
registrar must, not later than 30 days after the end of each
quarter –
(a) deliver
to the Superintendent Registrar for inspection all registers supplied to the
registrar under Article 18 of the Law and which contain civil partnership schedules
received by the registrar during that quarter;
(b) deliver
to the Superintendent Registrar for inspection all registers containing
conversion schedules received by the registrar during that quarter; and
(c) deliver
to the Superintendent Registrar a certificate in a form provided by the
Superintendent Registrar, setting out the number of civil partnerships
solemnised in the parish and registered in the register during the quarter,
including when none have been registered.
(2) The
Superintendent Registrar must –
(a) inspect
and verify the registers and certificate;
(b) return
the registers to the registrar; and
(c) retain
the certificate.
15 Keeping
of civil partnership register and other documents
A person who, by virtue
of the person’s office, is required by this Order to keep a civil
partnership register or other documents must, on ceasing to hold office,
deliver the register and documents to the person’s successor.
16 Omission
of particulars in exceptional circumstances
Despite anything to the
contrary in this Order, if the Minister has determined under Article 45 of
the Law that there are exceptional circumstances, the Superintendent Registrar
may omit details in respect of forenames and surnames required as particulars
in the following –
(a) notice
of intended civil partnership;
(b) civil
partnership schedule;
(c) signature
verification form;
(d) civil
partnership certificate;
(e) certificate
of no impediment to civil partnership;
(f) conversion
schedule;
(g) notices
of intended civil partnership book;
(h) index
of the names of the parties to any civil partnerships solemnised in Jersey.
Part 3
Special
circumstances
17 Application
and interpretation of Part 3
(1) This
Part applies if –
(a) persons
wish to solemnise their civil partnership in a manner described in Article 14B(1)
of the Law; and
(b) one
or more of the special circumstances referred to in Article 14B(2) of the
Law exist.
(2) Part 2
of the Law applies to a civil partnership referred to in paragraph (1)
except as set out in this Part and paragraphs (3) and (4).
(3) The
civil partnership may be solemnised –
(a) before
the publication of a notice of intended civil partnership under Article 9
of the Law; or
(b) before
the end of the 25 clear days for which the notice is required to be
published under that Article.
(4) If
any changes to the procedures specified in Part 2 of the Law have been
permitted under this Article, the Superintendent Registrar must annotate the
certificate of no impediment to civil partnership with those changes before
issuing the certificate.
(5) In
this Part, “appropriate authority” means –
(a) if
there is an expectation of death of a party to the civil partnership within
3 months, a doctor responsible for the care of that party;
(b) if a
party to the civil partnership is housebound, a doctor providing care to the
housebound party;
(c) if a
party to the civil partnership is unable to solemnise a civil partnership by
reason of illness or unforeseen or unavoidable circumstances, a doctor or other
relevant official that the Superintendent Registrar accepts as being an
appropriate authority;
(d) if a
party to the civil partnership is detained in a hospital, the person
responsible for the management of the hospital;
(e) if a
party to the civil partnership is detained in a prison, or a place at which a
person suffering from a mental disorder may be lawfully detained, the governor
of the prison or any other person with responsibility for the
prison or place at which a person suffering from a mental disorder may be
lawfully detained.
18 Statement
of special circumstances
(1) An
application for notice of intended civil partnership under Article 6B of
the Law must be accompanied by a statement made and signed by an appropriate
authority giving details of the special circumstances of the party to the civil
partnership.
(2) The
statement referred to in paragraph (1) must not be made more than
14 days before it is received by the Superintendent Registrar, except
if –
(a) a
party to the civil partnership is detained; and
(b) the
appropriate authority confirms that the person will still be detained on the
proposed date of the civil partnership.
(3) On
receipt of the statement, the Superintendent Registrar must record it in the
notice of intended civil partnership and in the book in which those notices are
recorded.
(4) If
one or both of the parties to the civil partnership are detained in a prison or
place at which a person suffering from a mental disorder may be lawfully
detained, the appropriate authority must, before the Superintendent Registrar
publishes a notice of intended civil partnership, confirm in the statement
referred to in paragraph (1) that the appropriate authority agrees to make
the necessary arrangements and –
(a) agrees
to the civil partnership taking place at the place of detention; or
(b) agrees
to move the party or parties to a different location for the civil partnership.
19 Superintendent
Registrar may make adjustments
(1) If
the Superintendent Registrar receives a statement referred to in Article 18(1),
the Superintendent Registrar may take any of the actions in paragraphs (2)
to (5).
(2) The
Superintendent Registrar may disapply any of the timeframes set out in Articles 9(1),
12(2), 14A(1) and (2), 26AA(1)(a) and 26AC(1) of the Law.
(3) The
Superintendent Registrar may disapply any requirements under
Articles 6B(2)(c) and 26AA(3)(c) of the Law to provide original documents
or copies of original documents to the Superintendent Registrar, except in the
case of documents –
(a) that
provide evidence of the nationality and immigration status of a party to the
civil partnership; or
(b) if a
party to the civil partnership was previously married or in a civil partnership
with another person, that provide evidence of –
(i) the divorce or
dissolution of the civil partnership, or
(ii) the
death of the party’s previous spouse or civil partner.
(4) The
Superintendent Registrar may issue a civil partnership schedule authorising the
solemnisation of the civil partnership –
(a) in
the location, specified in the statement from the appropriate authority, where
the party is detained (whether or not it is an approved location);
(b) in
the location where the party is housebound (whether or not it is an approved
location);
(c) on
any day of the week, or at any time during the 24 hours of a day, if –
(i) one or both of
the parties to the intended civil partnership are expected to die within 3 months,
or
(ii) one
or both of the parties to the intended civil partnership are unable to solemnise
the civil partnership by reason of illness or unforeseen circumstances.
(5) The
Superintendent Registrar may, if the statement states that a party to the civil
partnership is unable to attend the office of the Superintendent
Registrar –
(a) allow
the other party to attend alone to provide the original documents required
under the Law on behalf of both parties to the civil partnership and require
that party to sign the signature verifier form;
(b) allow
both parties to attend together in a place other than the office of the
Superintendent Registrar to provide the original documents required under the Law;
or
(c) waive
the requirement to pay any fee or part of a fee.
(6) But
the Superintendent Registrar must not disapply anything referred to in
paragraphs (2) or (3) in respect of a person who is detained or housebound
unless one of the following also applies –
(a) one
or both of the parties to the intended civil partnership are expected to die
within 3 months; or
(b) one
or both of the parties to the intended civil partnership are unable to solemnise
the civil partnership by reason of illness or unforeseen circumstances.
20 New
or amended documents
(1) If
a notice of intended civil partnership, a civil partnership schedule or a
certificate of no impediment to civil partnership have already been published
or issued, and changes are required to any of them because Article 18
applies, the Superintendent Registrar must –
(a) amend
the notice of intended civil partnership to show a new date or time of the
solemnisation of the civil partnership, new location or new civil partnership celebrant;
(b) either –
(i) issue a new civil
partnership schedule and new civil partnership certificates (see Article 9(7)(a)
of the Law), or
(ii) authorise
the new civil partnership celebrant to annotate the existing civil partnership
schedule and issue such certificates;
(c) issue
a new certificate of no impediment to civil partnership.
(2) The
Superintendent Registrar must record a change made under paragraph (1) in
the Superintendent Registrar’s records.
(3) The
Superintendent Registrar must not issue a new civil partnership schedule, new civil
partnership certificates or a new certificate of no impediment to civil
partnership under paragraph (1) unless the fee prescribed in the Schedule
has been paid and –
(a) the
existing civil partnership schedule, civil partnership certificates or
certificate of no impediment to civil partnership is returned to the
Superintendent Registrar; or
(b) there
is imminent likelihood of death and there is not sufficient time for the
existing civil partnership schedule, civil partnership certificates or
certificate of no impediment to civil partnership to be returned to the
Superintendent Registrar.
(4) Where
any of the following documents have been issued in consequence of a civil
partnership being solemnised under Article 14B of the Law, the
Superintendent Registrar must annotate the documents to indicate that they have
been issued in circumstances described in Article 14B(2) of the Law –
(a) a
notice of intended civil partnership;
(b) a
civil partnership schedule;
(c) a conversion
schedule;
(d) a
civil partnership certificate; and
(e) a
certificate of no impediment to civil partnership.
Part 4
Scheme
for approval of locations for solemnisation of civil partnerships
21 Scheme
for approval of location
This Part sets out the
scheme for approval by an approving authority of any location for the purposes
of solemnising civil partnerships at that location as required under Article 13
of the Law.
22 Kinds
of location
(1) The
kinds of locations in respect of which approvals may be granted under this Part
include the following –
(a) an
open-air location;
(b) a
location that is movable property on the condition that the location remains
static during the period commencing at least one hour before the solemnisation
of the civil partnership and ending at the end of the civil partnership
ceremony;
(c) a
location that is immovable property;
(d) a
whole location or part of a location (whether joined or separate); and
(e) any
combination of paragraphs (a), (b), (c) and (d).
(2) Where
a location forms part of a building or part of a larger location, the part of
the building or location may be approved for the solemnisation of civil
partnerships.
(3) A
location for a civil partnership may be situated in one or more parishes.
23 Type
of approval
An approval under this
Part may be for the solemnisation of –
(a) a
specified civil partnership at a location;
(b) civil
partnerships generally at a location.
24 Application
for approval of location
(1) An
application for approval of a location for the solemnisation of civil
partnerships may be made to an approving authority by –
(a) a
proprietor, trustee or managing agent of a location;
(b) a
relevant authority;
(c) an
administering authority; or
(d) any
other person.
(2) An
application under paragraph (1) must –
(a) be
submitted to the Superintendent Registrar;
(b) be in
the form approved by the Superintendent Registrar;
(c) include
the following information –
(i) the type of
approval sought under Article 23,
(ii) the
name and address of the person making the application,
(iii) the
name and address of the person who is the responsible person in relation to the
location,
(iv) the
capacity in which the applicant is making the application,
(v) the details of the
location, including a location plan, if any, for that location,
(vi) any
other information that the Superintendent Registrar deems necessary, and
(vii) any other
information that the approving authority may reasonably require to determine the
application; and
(d) be
accompanied by the appropriate fee prescribed in the Schedule.
(3) For
the purpose of determining an application made under paragraph (1), an
approving authority may do any of the following –
(a) visit
a location to inspect it for the purpose of ascertaining whether it is suitable
for upholding the dignity and solemnity of civil partnership or request an
appropriate representative of the approving authority to do so;
(b) consult
with any other person or relevant authority as the approving authority considers
necessary.
25 Grant
or refusal of approval
(1) In
determining an application under Article 24, the approving authority must
consider any representations that the approving authority receives prior to the
determination of the application.
(2) The
approving authority, after considering any representations under paragraph (1),
may grant approval of a location for the solemnisation of a civil partnership under
Article 23 if the approving authority is satisfied that the conditions in
paragraphs (4) to (7) are met.
(3) The
approving authority must refuse to grant approval of a location for the
solemnisation of civil partnership if not satisfied that the conditions in
paragraphs (4) to (7) are met.
(4) Condition 1
is that the application under Article 24 has been made in accordance with
the Law and this Order.
(5) Condition 2
is that in the opinion of the approving authority, the location is suitable for
upholding the dignity and solemnity of civil partnership, having regard to the
primary use of the location.
(6) Condition 3
is that the location can be reasonably found, and accessed by the public during
the period commencing at least one hour before the solemnisation of the civil
partnership and ending at the end of the civil partnership ceremony.
(7) Condition 4
is that a person organising the solemnisation of a civil partnership can
reasonably comply with any conditions to ensure that the dignity and solemnity
of civil partnership is upheld, imposed –
(a) under
the Law;
(b) under
Article 27;
(c) under
any other provision of this Order; or
(d) by
the approving authority.
(8) In
the case of an application under Article 24 for the grant of approval of a
location for the solemnisation of a specified civil partnership under Article 23(a),
the approving authority may, after consultation with the proprietor, trustee or
managing agent of the location –
(a) grant
approval of the location for the solemnisation of that specified civil
partnership; or
(b) grant
approval of the location for the solemnisation of civil partnerships generally under
Article 23(b).
26 Approving
authority must give notice
(1) The
approving authority must, as soon as is practicable after an application for
approval of a location for the solemnisation of civil partnership is
determined, give notice in writing to the applicant and to the Superintendent
Registrar of –
(a) the
approving authority’s decision to grant or refuse the approval;
(b) in
the case of a refusal to grant the approval, the reason for that decision;
(c) in
the case of a grant of approval, any conditions imposed under the Law, Article 27,
any other provision of this Order or by the approving authority;
(d) the
applicant’s right under Article 37 to a review by the Minister
against the approving authority’s decision.
(2) The
approving authority must also give notice in writing of the type of approval
referred to in Article 25(8) to the following persons if they are not the
applicant –
(a) the
proprietor, trustee or managing agent of the location;
(b) the
relevant authority;
(c) an
administering authority;
(d) any
other person who objected to the application; and
(e) any
person or authority with whom the approving authority consulted as part of the
determination process.
27 Conditions
of approval
The following are
conditions of approval in respect of an approved location –
(a) an
approved location must be available at all reasonable times for inspection by
the approving authority; and
(b) an
approved location (including an approved location for a specified civil
partnership) must be accessible by the public during the period commencing at
least one hour before the solemnisation of the civil partnership and ending at
the end of the civil partnership ceremony.
28 Refund
of fee
The approving authority
may refund the appropriate fee prescribed in the Schedule –
(a) if an
application is made for approval of a location for the solemnisation of a
specified civil partnership and a general approval of a location for the solemnisation
of any civil partnership is granted under Article 25(2);
(b) if
the approving authority refuses an application for approval of a location for
the solemnisation of a civil partnership under Article 25(3); or
(c) if
the application for approval of a location is for a specified civil partnership
and the specified civil partnership did not take place at the location at the
date for which the approval was given.
29 Renewal
of approval
(1) An
approving authority may renew an approval of a location for the solemnisation
of civil partnerships –
(a) on
application by the proprietor, trustee or managing agent of a location, a
relevant authority, an administering authority or any other person; or
(b) if no
application is received but the approving authority is satisfied that it is
reasonable to do so because it is in the public interest.
(2) Before
renewing an approval of a location for the solemnisation of civil partnerships,
the approving authority –
(a) must
consult with the proprietor, trustee or managing agent of the location or the
relevant authority or administering authority; and
(b) may
do any of the things set out in Article 24(3).
(3) An
application for renewal under paragraph (1)(a) must be accompanied by the appropriate
fee prescribed in the Schedule, except that the approving authority may waive the
fee if the approving authority is satisfied that it is reasonable to do so
because it is in the public interest.
30 Register
of approved locations
(1) The
register of approved locations required to be kept by the Superintendent
Registrar under Article 7 of the Law must be endorsed to specify the type
of approval under Article 23 that is granted in respect of the location.
(2) The
register of approved locations must contain, and be endorsed to state, in
relation to each location the following particulars –
(a) the
name and full postal address (if any) of the location and a location plan for
the approved location (if any);
(b) description
of boundaries of the approved location;
(c) the
name and contact details of the responsible person;
(d) the
date on which the approval was given;
(e) the
date of expiry of the approval;
(f) details
of any special conditions imposed under Article 34;
(g) any
contact details that, in the opinion of the Superintendent Registrar, would be
useful to parties to a civil partnership when organising their civil
partnership celebration, including the name of proprietors, trustees or
managing agent of the approved location;
(h) in
the case of an approved location for a specified civil partnership location,
the date of the civil partnership and the names of the parties to the civil
partnership;
(i) any
changes to the approval of the location or the conditions of approval;
(j) if
approval has been revoked, the date and reason for the revocation; and
(k) any
other information that the Minister may require.
31 Duration
of approval
(1) An
approval of a location for the solemnisation of civil partnership
must –
(a) in
the case of an approved location for the solemnisation of a specified civil
partnership referred to in Article 23(a), be valid only for the period
commencing one hour before the civil partnership ceremony and ending at the end
of the civil partnership ceremony, subject to the revocation of the approval under
Article 36; or
(b) in
the case of an approved location for the solemnisation of a civil partnership
referred to in Article 23(b), be valid for a period of 3 years,
subject to the revocation of the approval under Article 36.
(2) Without
prejudice to any condition as to notification of the change of ownership of an
approved location imposed under the Law or this Order or by an approving
authority, an approval remains valid despite a change of ownership of the
approved location.
32 Responsible
person
(1) The
responsible person must be the point of contact –
(a) between
the approving authority and the Superintendent Registrar in respect of all
matters relating to the approval, registration and use of the approved location
for the solemnisation of civil partnerships; and
(b) with
the public with regard to dealing with enquiries about the approved location in
relation to its use for the solemnisation of civil partnerships.
(2) The
responsible person must immediately notify the Superintendent Registrar of a
change to any of the following, either during the application and approval
process, or after the approval and registration under Article 30 –
(a) the
layout of the approved location;
(b) the
use of the approved location;
(c) the
name and full postal address, if any, of the approved location;
(d) any
changes to the approved location which would amount to it becoming or ceasing
to be an open-air location;
(e) the
description of the room, if any, in the approved location in which civil
partnerships are to be solemnised;
(f) the
name, address and position of the responsible person.
(3) After
registration of a location as an approved location, the responsible person is
responsible for –
(a) ensuring
that any special conditions under Article 34 imposed by the approving
authority are complied with;
(b) notifying
the Superintendent Registrar of potential breaches of the standard conditions
imposed under Article 33 and the duties imposed on a civil partnership celebrant
under this Order or the Law;
(c) ensuring
compliance with any special conditions that the responsible person has agreed
with the person organising the civil partnership.
33 Standard
conditions
(1) On
the day of the solemnisation of a civil partnership, the civil partnership
celebrant is responsible for ensuring that the standard conditions set out in
paragraphs (2) to (8) are complied with.
(2) The
civil partnership celebrant must ensure that food or drink is not consumed at
the approved location in which the solemnisation of a civil partnership is to
take place during the period commencing one hour before the civil partnership
ceremony and ending at the end of the civil partnership ceremony.
(3) The
civil partnership celebrant may allow consumption of food of drink
if –
(a) it is
reasonable for the civil partnership celebrant to permit food or drink to be
consumed for health, safety or welfare reasons; or
(b) in
the case of an open air location (but not in a temporary structure in that
location) it would be unreasonable to expect the civil partnership celebrant to
prevent consumption.
(4) The
civil partnership celebrant must ensure the civil partnership ceremony takes
place within the boundaries of the approved location set out in the approval
and as stated in the register.
(5) The
civil partnership celebrant must ensure that the place in the approved location
at which a civil partnership is solemnised is separate from any other part of
the approved location at which other activities unrelated to the civil
partnership ceremony are taking place at the same time that the civil
partnership ceremony is taking place.
(6) The
civil partnership celebrant must ensure that the following details of the
solemnisation of a civil partnership are displayed at the times and in the
places described in paragraph (7) –
(a) the
name of the parties to the civil partnership;
(b) the
time at which the civil partnership ceremony is to take place;
(c) the
name of the civil partnership celebrant; and
(d) the
place in the approved location at which the civil partnership ceremony is to
take place.
(7) The
details must be displayed at least one hour immediately before the commencement
of the civil partnership ceremony and throughout that civil partnership
ceremony –
(a) at
each public entrance to the approved location at which the civil partnership
ceremony is to take place, or
(b) in
the case of an open-air location, at a place on or in the vicinity of that
location that would reasonably be expected to bring the matters to the
attention of the public.
(8) The
civil partnership celebrant must ensure that the public is able to access the
location in which the civil partnership is to take place, and any temporary
structure in that location, without charge.
34 Special
conditions
(1) The
approving authority may, in accordance with paragraph (3), impose any
special conditions that the approving authority believes are required to ensure
that an approved location is, and remains, suitable for upholding the dignity
and solemnity of civil partnership.
(2) The
responsible person (or in the responsible person’s absence, the person
organising a civil partnership ceremony) must ensure that any special
conditions imposed by the approving authority under paragraph (1) are
complied with.
(3) The
special conditions that may be imposed under paragraph (1) may relate to
any of the following –
(a) placing
restrictions on the days of the year, days of the week or times of a day that a
civil partnership may be solemnised at an approved location;
(b) placing
restrictions on civil partnerships being solemnised at an approved location in
the event that the approved location or its surrounding land or premises is
being used for other purposes at the time of the civil partnership ceremony;
(c) imposing
requirements in relation to the erection of barriers or notices and use of
semi-permanent structures or features; or
(d) any
other requirements relating specifically to upholding the dignity and solemnity
of civil partnership.
(4) If
a special condition is imposed under paragraph (3)(a), the Superintendent
Registrar must not issue a civil partnership schedule or conversion schedule
permitting a civil partnership to be solemnised during days of the year, days
of the week or times of a day that are restricted under that special condition.
35 Amendments
to approval
(1) The
approving authority may amend an approval of a location for the solemnisation
of a civil partnership on the application of –
(a) the
proprietor, trustee, managing agent or administering authority of an approved
location;
(b) the
Superintendent Registrar or a relevant authority, where the Superintendent
Registrar or relevant authority believes there are reasonable grounds to
request the amendment to ensure that the dignity and solemnity of civil
partnership is upheld.
(2) An
application for an amendment under paragraph (1)(a) must be accompanied by
the appropriate fee prescribed in the Schedule.
36 Revocation
of approval
(1) An
approving authority may revoke an approval of a location for the solemnisation
of a civil partnership if –
(a) any
standard conditions under Article 33 are not complied with;
(b) any
special conditions imposed by the approving authority under Article 34 are
not complied with;
(c) the
location has been altered or its use has changed to an extent that, in the view
of the approving authority, the location is no longer suitable for upholding
the dignity and solemnity of civil partnership;
(d) the
relevant authority informs the approving authority that the relevant authority
will not issue a licence or other permission required in relation to that
location;
(e) the
proprietor or trustee, managing agent or administering authority of the
location has requested the approving authority in writing to revoke the
approval; or
(f) there
has been a breach of the Law or any other enactment relating to civil
partnerships at that location.
(2) The
approving authority must, before revoking an approval of a location for the
solemnisation of a civil partnership –
(a) consult
the Superintendent Registrar, the Minister and any other authority or person
that the approving authority deems it appropriate to consult; and
(b) deliver
notification of the approving authority’s intention to revoke the approval,
to the proprietor, trustee or managing agent of the location, any administering
authority or any relevant authority. and provide those persons.
(3) The
approving authority must give persons notified under paragraph (2)(b) not
less than 21 days to make a written representation in relation to the
proposed revocation.
(4) If
the proprietor or trustee of an approved location, any administering authority,
or any relevant authority has requested the revocation of the approval of the
location and there is no other person that the approving authority believes
should be consulted, the approving authority may revoke the approval without
allowing the period of 21 days for representations to be made under
paragraph (3).
(5) The
approving authority must, in deciding whether to revoke the approval of a
location for the solemnisation of a civil partnership, take into account any
representations received from the proprietor, trustee, or managing agent of the
approved location, any administering authority or any relevant authority within
the period of 21 days for representations to be made under paragraph (2)(b).
(6) The
approving authority may, after the period of 21 days for representations
to be made under paragraph (2)(b), revoke approval of a location for the
solemnisation of a civil partnership with immediate effect or after a period of
notice, depending on the circumstances of the case.
(7) But
the approving authority may, if the Superintendent Registrar has issued a
notice of intended civil partnership at a location for which approval is being
revoked under this Article –
(a) revoke
approval of the location with immediate effect; or
(b) revoke
approval of the location, except in relation to that intended civil partnership
and impose special conditions to ensure that the dignity and solemnity of the
civil partnership is upheld.
(8) The
approving authority must give notice, in writing, of –
(a) a
decision under this Article to revoke an approval of a location for the solemnisation
of civil partnership to the proprietor, trustee, or managing agent of the
approved location, any administering authority or any relevant authority and to
the Superintendent Registrar; and
(b) the
right under Article 37 to a review by the Minister against the approving
authority’s decision to revoke the approval of the location as an
approved location.
37 Review
of decision of approving authority
(1) A
person aggrieved by a decision described in paragraph (2) of an approving
authority may apply to the Minister for a review of that decision.
(2) The
decisions are –
(a) grant
or refusal to grant an approval of a location for the solemnisation of civil
partnership under Article 25;
(b) imposition
of special conditions on the grant of approval of a location for the solemnisation
of civil partnership under Article 27;
(c) amendment
of an approval of a location for the solemnisation of civil partnership under
Article 35;
(d) revocation
of an approval of a location for the solemnisation of civil partnerships under
Article 36.
(3) An
application for a review under paragraph (1) must be made in writing
within 28 days of the decision being made.
(4) On
receipt of an application for a review, the Minister –
(a) must
give notice to the approving authority of the review and of the approving
authority’s right to make representations to the Minister;
(b) may
consult with any other person as the Minister deems necessary, including the
Superintendent Registrar;
(c) may
visit and inspect the location for the purpose of determining whether the
location is suitable for upholding the dignity and solemnity of civil
partnership; or
(d) with
the permission of the owner or occupier of a location that is adjacent to a
location in respect of which an application for approval for the solemnisation
of civil partnership is made, may, at any reasonable time, visit and inspect
the adjacent location for the purpose of determining whether that adjacent
location would in any way impact on the dignity and solemnity of a civil
partnership that is solemnised at the location in respect of which the
application for a review of the approving authority’s decision is made.
(5) The
Minister may, on reviewing the approving authority’s decision –
(a) uphold
the approving authority’s decision;
(b) overturn
the decision of the approving authority;
(c) substitute
a different decision for the approving authority’s decision; or
(d) impose,
amend, or remove any special conditions imposed by the approving authority.
(6) The
Minister must, in writing, inform the following persons of the Minister’s
decision under paragraph (5) –
(a) the
applicant for the review of the approving authority’s decision;
(b) the
approving authority; and
(c) any
person with whom the Minister consulted during the review process.
(7) The
Minister’s decision under paragraph (5) is final.
Part 5
Miscellaneous
and final
38 Correction
of error in register
(1) If
the Minister or the Inferior Number of the Royal Court grants permission for
the correction of an error (other than a clerical error) in a book or register
kept under the Law or this Order, the Superintendent Registrar
must –
(a) make
the correction in the margin of both the original entry and the document kept
under this Order; and
(b) enter,
both in the original entry and in the document –
(i) the date the
permission is granted,
(ii) the
date the correction is made, and
(iii) the
Superintendent Registrar’s signature.
(2) When
notified of a clerical error, the Superintendent Registrar must –
(a) make
the correction in the margin of both the original entry and the document kept
under this Order; and
(b) enter,
both in the original entry and in the document –
(i) the date the
correction is made, and
(ii) the
Superintendent Registrar’s signature.
39 Fees
The Schedule sets the
fees payable under the Law.
40 Binding
of returns, civil partnership schedules and conversion schedules
The Superintendent
Registrar must arrange for the returns, civil partnership schedules and conversion
schedules to be bound as often as is necessary.
41 Transitional
provision
If,
immediately before the commencement of this Order, a location is an
“approved premises” within the meaning of the Civil Partnership (Approved Premises) (Jersey)
Order 2012 then that approved premises is treated as if it were an approved
location.
42 [2]
43 Citation
and commencement
This Order may be cited as the Civil Partnership (Procedures,
Special Circumstances and Approved Locations) (Jersey) Order 2023 and comes
into force immediately after the commencement of the Civil
Partnership (Amendment) Jersey Law 2023.