Civil Partnership (Approved Premises) (Jersey) Order 2012
1 Interpretation
In this Order, unless the
context otherwise requires –
“applicant” means
an applicant for approval and “application” shall be construed
accordingly;
“approval” means
general approval or approval for a specified civil partnership, and “approved
premises” shall be construed accordingly;
“approval for a
specified civil partnership” means approval of premises for the
solemnization of a specified civil partnership, pursuant to Article 13(2)(a)
of the Law;
“Connétable”,
in relation to approved premises or an application for approval of premises,
means the Connétable of the parish in which the premises are situated;
“general approval”
means approval of premises for the solemnization of civil partnerships pursuant
to Article 13(2)(b)(i) of the Law;
“holder of an approval”
means the person on whose application the approval was granted or a person who
is deemed to be the holder of an approval by virtue of Article 5(3);
“Law” means the Civil
Partnership (Jersey) Law 2012;
“premises” means
a permanently immovable structure comprising at least a room;
“qualification”
in relation to a responsible person or the person’s deputy has the
meaning given by paragraph 1 of Schedule 1, and “qualified”
shall be construed accordingly;
“responsible person”
has the meaning given by paragraph 1 of Schedule 1; and
“room” includes,
except in the definition “premises”, a marquee.
2 Application
procedure
(1) Application
for approval may be made by a proprietor or a trustee of premises.
(2) The
applicant shall deliver to the Connétable an application in
writing –
(a) stating
whether the application is –
(i) for approval for
a specified civil partnership,
(ii) for
general approval, for a period of 1 or 3 years, or
(iii) for
general approval, for a period ending on the date that an existing approval
made pursuant to a scheme made under Article 18 of the Marriage
and Civil Status (Jersey) Law 2001 ends; and
(b) including
the name and address of the applicant and such other information concerning the
requirements described in Article 3(1)(b) and (c) as the
Connétable may reasonably have required.
(3) An
application shall be accompanied by –
(a) a
plan of the premises which clearly identifies the location, within the
premises, of the room or rooms in which civil partnerships will be solemnized
if approval is granted; and
(b) the
fee specified for that application in Schedule 2.
(4) The
applicant shall provide the Connétable with such additional information
as the Connétable may reasonably require in order to determine the
application.
(5) As
soon as practicable after receiving an application, the Connétable shall
inspect the premises or arrange for them to be inspected on the
Connétable’s behalf.
2A [2]
3 Grant
or refusal of approval
(1) The
Connétable may grant approval only if satisfied –
(a) that
the application has been made in accordance with this Order;
(b) that
the premises –
(i) are, in the
opinion of the Connétable, having regard to their primary use,
situation, construction and state of repair, a seemly and dignified venue for
the solemnization of civil partnerships, and
(ii) have
no recent or continuing connection with any religion, religious practice or
religious persuasion which would be incompatible with their use for the
solemnization of civil partnerships by the Superintendent Registrar or the
Superintendent Registrar’s delegate;
(c) that
the room or rooms in which ceremonies of civil partnership will be solemnized
if approval is granted are identifiable as a distinct part of the premises; and
(d) that
the premises fulfil any other reasonable requirements which the Connétable
considers appropriate to ensure that the facilities provided at the premises
are suitable.
(2) Where
an application is for general approval for a period of 3 years, the
Connétable may grant the approval for a period of 1 year instead.
(3) The
Connétable shall as soon as practicable notify the applicant in writing
of the Connétable’s decision, including any conditions imposed
under Article 4.
(4) If
approval is refused, or is granted for a period shorter than that applied for
or subject to conditions in addition to those specified in Schedule 1, the
Connétable shall set out in any notification given under paragraph (3)
the reasons for reaching that decision.
(5) If
approval is refused, or is granted for a period shorter than that applied for
or subject to conditions in addition to those specified in Schedule 1, the
Connétable shall notify the applicant of the right to seek a review of the
Connétable’s decision under Article 7.
4 Conditions
(1) Upon
grant of an approval the Connétable –
(a) shall
attach to the approval the standard conditions contained in Schedule 1;
and
(b) may
attach to the approval such further conditions as the Connétable
considers reasonable in order to ensure –
(i) that the
facilities provided at the premises are suitable, and
(ii) that
the solemnization of civil partnerships on the premises or, in the case of
approval for a specified civil partnership, the solemnization of that civil
partnership on the premises, does not give rise to a nuisance of any kind.
(2) Forthwith
upon grant of an approval the holder of that approval shall notify the
Connétable and Superintendent Registrar of the name, address and
qualification of the responsible person.
4A [3]
5 Expiry
and renewal of approval
(1) An
approval for a specified civil partnership shall be valid only for the
solemnization of that civil partnership on the premises and may not be renewed.
(2) Subject
to paragraph (6) and (7) and to Article 6, a general approval shall
be granted for a period of either 1 or 3 years.
(3) Without
prejudice to the provisions of this Order as to the duration of approval or
revocation of approval, or any condition as to notification of change of
ownership, an approval shall remain in force notwithstanding that the holder
ceases to have a proprietary interest in the premises and the person to whom his
or her interest is transferred shall be deemed to be the holder in the person’s
place.
(4) An
application for renewal of a general approval may be made by the holder of that
approval not less than 2 months and not more than 4 months before it
is due to expire.
(5) Articles 2(2)
to (4), 3 and 4 shall apply to an application to renew a general approval as
they apply to an application for approval and as though any reference in them –
(a) to an
applicant were to an applicant for renewal; and
(b) to a
grant of approval were to a renewal of general approval.
(6) If
the application is for approval of premises that are approved pursuant to a
scheme made under Article 18 of the Marriage
and Civil Status (Jersey) Law 2001 for the solemnization of marriages, the approval shall be granted
for the period ending on the date that the approval of those premises for the
solemnization of marriages ends.
(7) If
an application for renewal of general approval has been made in accordance with
paragraphs (4) and (5) and that application has not been finally
determined or withdrawn before the date on which the approval would otherwise
expire, the approval shall continue in effect until such time as the
application is finally determined or withdrawn.
6 Revocation
of approval
(1) Subject
to the following provisions of this Article, a Connétable may revoke
approval if satisfied –
(a) that
the holder has failed to comply with one or more of the conditions attached to
the approval under Article 4(1);
(b) that
the use or structure of the premises has changed so that, having regard to the
requirements described in Article 3(1)(b) and (c) and any requirements
imposed by the Connétable in accordance with Article 3(1)(d) –
(i) in a case of
approval for a specified civil partnership, the premises are not suitable for
the solemnization of that civil partnership,
(ii) in
a case of general approval, the premises are no longer suitable for the
solemnization of civil partnerships pursuant to Article 13(2)(b)(i) of the
Law; or
(c) that
there has been any breach of the law relating to civil partnership on the
premises.
(2) Before
revoking an approval under paragraph (1), the Connétable
shall –
(a) consult
the Superintendent Registrar;
(b) deliver
to the holder of that approval a notice in writing specifying the ground or
grounds upon which the Connétable proposes to revoke the approval and
inviting the holder to make written representations as to the proposed
revocation within such period, being not less than 21 days, as is
specified in the notice.
(3) Before
reaching a final decision on the proposed revocation, the Connétable
shall take into account any representations made to the Connétable
within the period referred to in paragraph (2)(b) by or on behalf of the
holder of the approval.
(4) If
the Connétable decides to revoke the approval, the Connétable
shall deliver a further notice in writing to the holder, stating the date upon
which the approval shall cease to have effect and the procedure whereby such
decision may be subject to review under Article 7.
(5) For
the purposes of paragraph (1)(c), the Superintendent Registrar shall
notify the Connétable if, in the Superintendent Registrar’s
opinion, there has been any breach of the law relating to civil partnership on
approved premises.
(6) The
Connétable shall revoke any approval with immediate effect as soon as
practicable after being requested to do so by the holder of that approval and
deliver a notice of revocation in writing to the holder.
(7) Upon
receipt of notice of revocation under paragraph (4) or (6), the holder of
an approval shall forthwith give notice of the revocation to all parties who have
made arrangements to solemnize a civil partnership in the premises which were approved
but whose civil partnership has not yet been solemnized there.
7 Reviews
(1) An
applicant who is aggrieved by a decision to refuse an approval or to grant
approval for a period shorter than that applied for or subject to conditions in
addition to those specified in Schedule 1 may apply to the Minister for a
review of that decision.
(2) A
holder of an approval who is aggrieved by a decision –
(a) to
refuse to renew that approval;
(b) to
renew the approval for a period shorter than that applied for;
(c) to
attach to the renewal of that approval conditions other than those specified in
Schedule 1; or
(d) to
revoke that approval otherwise than under Article 6(6),
may apply to the Minister for
a review of that decision.
(3) A
person applying to the Minister for a review of a decision shall give the
Connétable a copy of the application.
(4) On
a review of a decision the Minister may, acting in accordance with Article 3(1) –
(a) confirm
the original decision;
(b) vary
an original decision to grant or renew approval, in particular by extending the
period for which it is granted or by removing conditions attached under Article 4(1)(b)
or by attaching new or different conditions; or
(c) substitute
a different decision, which may, where the original decision was to revoke an approval,
be a decision that the approval should not be revoked but should be subject to
new or different conditions than those which were previously attached to it.
(5) The
Minister shall –
(a) give
notice in writing to the applicant or holder of the Minister’s decision
on review, stating his or her reasons for that decision and (except where the
original decision is confirmed) the date from which it takes effect; and
(b) give
a copy of the notice to the Connétable and to the Superintendent
Registrar.
8 Application
by Connétable
(1) This
Article applies where a Connétable is the applicant for or holder of an
approval in respect of premises situated in the Connétable’s parish.
(2) The
Connétable shall refer the application for grant or renewal to the
Minister and may grant the approval or renewal only with the authority of the
Minister and upon such terms and subject to such further conditions as the
Minister considers reasonable for the purposes described in Article 4(1)(b).
(3) Articles 6
and 7 and Schedule 1 shall apply, with the necessary changes, to the
application or approval as if –
(a) any
reference in them to the Connétable were a reference to the Minister;
and
(b) any
reference to the Minister were a reference to the Royal Court.
9 Register
of approved premises
(1) The
Superintendent Registrar shall keep a register of all approved premises,
containing –
(a) the
name and full postal address of the approved premises;
(b) the
description of the room or rooms in which civil partnerships are to be
solemnized;
(c) the
name and address of the holder of the approval;
(d) the
date of grant of the approval;
(e) in
the case of approval for a specified civil partnership, the date and time of
and the parties to that civil partnership;
(f) in
the case of general approval –
(i) the due date of
expiry of that approval, and
(ii) if
the approval is renewed, the date of renewal;
(g) if
the approval is revoked, the date on which the revocation takes effect; and
(h) the
name, address and qualification of the responsible person.
(2) Upon
the grant, renewal or revocation of approval, or any change of the details
listed in paragraph (1) in respect of premises, the Connétable
shall notify the Superintendent Registrar.
(3) The
Superintendent Registrar shall make the appropriate entries in the register
upon being notified of the grant of an approval and shall amend the register
upon being notified of renewal or revocation of an approval or that any of the
details listed in paragraph (1) in respect of premises have changed.
(4) The
register shall be open to public inspection at the office of the Superintendent
Registrar during normal opening hours.
(5) The
register shall be kept in permanent form which may include its maintenance on a
computer.
9A [4]
10 Guidance
concerning grants of approval and approved premises
The Minister may issue
guidance supplementing the provision made by this Order.
11 Fees
Schedule 2 shall have
effect to specify the fees payable under this Order.
12 Citation
This Order may be cited as
the Civil Partnership (Approved Premises) (Jersey) Order 2012.
SCHEDULE 1
(Article 4(1)(a))
CONDITIONS TO BE ATTACHED TO GRANTS OF APPROVAL
1. The
holder of the approval must ensure that there is at all times an individual
with responsibility for ensuring compliance with these conditions (the
“responsible person”) and that the responsible person’s
occupation, seniority, position of responsibility in relation to the premises,
or other factors (the responsible person’s “qualification”),
indicate that the responsible person is in a position to ensure compliance with
these conditions.
2. The
responsible person or, in the person’s absence, an appropriately
qualified deputy appointed by the responsible person, shall be available on the
premises for a minimum of one hour prior to each civil partnership ceremony and
throughout each civil partnership ceremony.
3. The
holder must notify the Connétable and the Superintendent
Registrar –
(a) of the holder’s name and address
immediately upon the holder becoming the holder of an approval by virtue of
Article 5(3); and
(b) of
the name, address and qualification of the responsible person immediately upon
the appointment of a new responsible person.
4. The
holder must notify the Connétable and the Superintendent Registrar
immediately of any change to any of the following –
(a) the
layout of the premises, as shown in the plan submitted with the approved
application, or in the use of the premises;
(b) the
name or full postal address of the approved premises;
(c) the
description of the room or rooms in which civil partnerships are to be
solemnized;
(d) the
name or address of the holder of the approval; and
(e) the
name, address or qualification of the responsible person.
5. The
approved premises must be made available at all reasonable times for inspection
by or on behalf of the Connétable.
6. There
must be displayed at each public entrance to the premises, for one hour prior
to the time arranged for the solemnization of the civil partnership ceremony
and throughout the ceremony, a suitable notice –
(a) stating
that the premises have been approved –
(i) in the case of
approval for a specified civil partnership, for the solemnization of that civil
partnership, pursuant to Article 13(2)(a) of the Law, or
(ii) in
a case of general approval, for the solemnization of civil partnerships
pursuant to Article 13(2)(b)(i), of the Law; and
(b) identifying
and giving directions to the room in which a civil partnership ceremony is to
take place.
7. No
food or drink may be sold or consumed in the room in which a civil partnership
ceremony takes place for one hour prior to that ceremony or during that
ceremony.
8. All
civil partnership ceremonies must take place in a room which was identified as
one to be used for the solemnization of civil partnerships on the plan
submitted with the approved application.
9. The
room in which a civil partnership is solemnized must be separate from any other
activity on the premises at the time of the ceremony.
10. The
arrangements for and content of each civil partnership ceremony must meet with
the prior approval of the Superintendent Registrar.
11. Any
reference to the approval of premises on any sign or notice, or on any
stationery or publication, or within any advertisement may state that the
premises have been approved as a venue for a specified civil partnership,
pursuant to Article 13(2)(a) of the Law or as a venue for civil
partnerships pursuant to Article 13(2)(b)(i) of the Law, but shall not
state or imply any recommendation of the premises or its facilities by the
Connétable or Superintendent Registrar.
SCHEDULE 2
(Article 11)
FEES
1. The
fees specified for the purposes of Article 2(3)(b) are as follows –
|
(a)
|
for an application for approval of
premises for a specified civil partnership
|
£100
|
|
(b)
|
in a case where approval has
been granted in respect of premises for a 1 year or 3 year period
for the solemnization of marriages pursuant to a scheme established under
Article 18 of the Marriage and Civil
Status (Jersey) Law 2001, for an application for approval of those
premises for a period ending on the date the said approval for the
solemnization of marriages ends
|
£40
|
|
(c)
|
for an application for approval
of premises for a period of 1 year (other than in a case where
paragraph (b) applies)
|
£200
|
|
(d)
|
for an application for approval
of premises for a period of 3 years (other than in a case where
paragraph (b) applies)
|
£300
|
2. Where
the application is made under this Order for an approval for 1 year of
premises at the same time as an application is made for approval for 1 year
of those premises for the solemnization of marriages pursuant to a scheme
established under Article 18 of the Marriage and Civil
Status (Jersey) Law 2001, the total fee payable in respect of both
applications shall be £200.
3. Where
the application is made under this Order for an approval for 3 years of
premises at the same time as an application is made for approval for 3 years
of those premises for the solemnization of marriages pursuant to a scheme
established under Article 18 of the Marriage and Civil
Status (Jersey) Law 2001, the total fee payable in respect of both
applications shall be £300.