Civil Partnerships (Jersey) Law 201-: Consequential amendments to various laws

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A decision made on 23 January 2012:

Decision Reference: MD-HA-2012-0007
Decision Summary Title :	Civil Partnerships (Consequential Amendments) (Jersey) Regulations 201-		Date of Decision Summary:	18 January 2012
Decision Summary Author:	Executive Officer Home Affairs		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Civil Partnerships (Consequential Amendments) (Jersey) Regulations		Date of Written Report:	19 January 2012
Written Report Author:	Executive Officer Home Affairs		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Draft Civil Partnerships (Consequential Amendments) (Jersey) Regulations 201- and changes to various pieces of legislation for which the Minister for Home Affairs is responsible.
Decision(s): The Minister noted the amendments that the draft Civil Partnerships (Consequential Amendments) (Jersey) Regulations 201- will make to the Customs and Excise (Import and Export Control) (Jersey) Order 2006; the Immigration (Fees) (Jersey) Order 2010; the Marriage and Civil Status (Forms, Registration and Fees) (Jersey) Order 2002; the Police Force (General Provisions) (Jersey) Order 1974; the Police Procedures and Criminal Evidence (Jersey) Law 2003; the Port Control Unit (General Provisions) (Jersey) Order 1983; the Rehabilitation of Offenders (Exceptions) (Jersey) Regulations 2002; and the Rehabilitation of Offenders (Jersey) Law 2001, and approved the same.
Reason(s) for Decision: The Chief Minister’s Department has asked all Ministers who will have pieces of legislation amended by the Civil Partnerships (Consequential Amendments) (Jersey) Regulations 201- to sign off these changes by way of Ministerial Decision. It is desirable that the Civil Partnerships (Consequential Amendments) (Jersey) Regulations 201- should come into force to afford same sex couples many of the same rights as married heterosexual couples.
Resource Implications: There are no manpower or resource implications arising from the decision.
Action required: The Executive Officer Home Affairs to notify the Chief Minister’s Department once the Ministerial Decision has been signed.
Signature:		Position: Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed):

Civil Partnerships (Jersey) Law 201-: Consequential amendments to various laws

BRIEF FOR MINISTER

Civil Partnerships (Consequential Amendments) (Jersey) Regulations 201-

Introduction:

The Chief Minister is lodging the Civil Partnerships (Consequential Amendments) (Jersey) Regulations 201-, with a view to them being debated by the States on 20 March 2012.

The Regulations make a number of changes to pieces of legislation for which the Minister for Home Affairs is responsible.

Customs and Excise (Import and Export Control) (Jersey) Order 2006

Schedule 3 of the Customs and Excise (Import and Export Control) (Jersey) Order 2006 relates to goods for which a licence to export is required. Paragraph 3 of Schedule 3 currently reads:

3. Paragraphs 1 and 2 do not apply to –

(a) a birth, marriage or death certificate or other document relating to the personal affairs of the person who has exported it or the spouse of that person;

(b) a letter or any other writings written by or to the person who has exported the letter or writings, or the spouse of that person;

(i) the object is the personal property of that person and has been manufactured or produced by that person, and

(ii) that person is not a company within the meaning of the Companies (Jersey) Law 1991, or the spouse, widow or widower of that person.

The Regulations will insert the words ‘civil partnership’ after the word ‘marriage’ in sub-paragraph (a); will insert the words ‘or civil partner’ after the word ‘spouse’, wherever it appears; and will insert the words ‘or surviving civil partner’ after the word ‘widower’ in sub-paragraph (c)(ii).

Immigration (Fees) (Jersey) Order 2010

The Regulations will insert the following definition of ‘civil partner’ into Article 1 (Interpretation) of the Immigration (Fees) (Jersey) Order 2010:

‘civil partner’ in relation to a person includes the same-sex partner of the person

It will also amend the definition of ‘dependant’ in Article 1, which currently reads:

‘dependant’, in relation to a person, means the spouse of the person or a child of the person or of the spouse

By inserting the words ‘or civil partner’ after the word ‘spouse’ in both places where it appears.

Marriage and Civil Status (Forms, Registration and Fees) (Jersey) Order 2002

The Regulations will substitute the current form entitled ‘Particulars of death and entry in Register’, which is in Part 1 of Schedule 5 to the Order with the form set out in Schedule 2 to the Regulations.

The Regulations also provide that any register of death that is kept by the registrar in accordance with Article 14(1) of the Marriage and Civil Status (Forms, Registration and Fees) (Jersey) Order 2002, that was published before the Regulations came into force, can continue to be used until every place of entry in that register has been completed. The Registrar can then amend the register manually so that the words ‘Civil Status at time of death’ are substituted for the words ‘Marital Status at the time of death’.

Police Force (General Provisions) (Jersey) Order 1974

Article 3 of the Police Force (General Provisions) (Jersey) Order 1974 currently reads:

3 Disqualification ‎

(1) Subject to paragraph(2) no person shall be eligible for appointment to, or shall be retained in, the Force if he or she holds, or his or her wife or husband or any member of his or her family living with him or her holds, any licence granted under the Licensing (Jersey) Law 1974, or has any pecuniary interest in any such licence other than any such licence granted in respect of the premises used as the Headquarters of the Police Athletic and Social Club.

(2) Nothing in paragraph (1) shall prevent the husband or wife of a Police Officer, or any member of his or her family living with the Police Officer from holding a licence of the Second or Sixth Category granted under the Licensing (Jersey) Law 1974:

Provided that no application shall be made for such a licence without the consent of the Chief Officer.

The Regulations will amend paragraph (1) by inserting the words ‘or civil partner’ after the word ‘husband’; and in paragraph (2) by inserting the words ‘or civil partnership’ after the word ‘marriage’.

The Regulations will also amend Article 9(2) of the Order, which relates to personal records and currently reads:

(2) The personal record shall contain entries of the person’s description, particulars of his or her place and date of birth, of his or her marriage (if any) and of his or her children (if any), of any service in the Royal Navy, the Army, the Royal Air Force, or in any other police force, of all promotions, commendations, rewards and punishments, other than a caution, special or sick leave, and the date of his or her ceasing to be a member of the Force with the reason, cause or manner thereof.

By inserting the words ‘or civil partnership’ after the word ‘marriage’.

Police Procedures and Criminal Evidence (Jersey) Law 2003

The Regulations will amend Article 6(15)(d) of the Police Procedures and Criminal Evidence (Jersey) Law 2003. Article 6 deals with the meaning of ‘excluded material’ and ‘special procedure material’; and at paragraph (15)(d) provides a definition of ‘relative’ for the purposes of Article 6. This currently reads:

“relative” means husband or wife, parent or remoter forebear, child or remoter issue, or brother or sister

The Regulations will insert the words ‘or civil partner’ after the word ‘wife’ in this definition.

Port Control Unit (General Provisions) (Jersey) Order 1983

The Regulations will insert the words ‘or civil partner’ after the word ‘wife’ in Article 1(2) and (3) of this Order. They also insert the words ‘or civil partnership’ after the word ‘marriage’ in Article 6(1). It should be noted that whilst the Order is still in force, there are no longer any Port Control Officers.

Rehabilitation of Offenders (Exceptions) (Jersey) Regulations 2002

The Regulations will amend the Rehabilitation of Offenders (Exceptions) (Jersey) Regulations 2002 by inserting the words ‘or civil partner’ after the word ‘wife’ in Regulation 20(2)(a). Regulation 20(2) currently reads:

(2) The expression “associate” shall not include –

(a) a person’s husband, wife, child or stepchild;

(b) a person who, apart from this paragraph, would be an associate by virtue only of being an employee of a company, unless his or her duties include any of the functions described in the definition “finance employee” in paragraph (1).

Rehabilitation of Offenders (Jersey) Law 2001

The Regulations will amend the Rehabilitation of Offenders (Jersey) Law 2001 by inserting the words ‘or civil partnership’ after the word ‘marriage’ in Article 8(2)(c). Article 8 of the Law relates to limitations on rehabilitation in subsequent judicial proceedings. Article 8(2)(c) currently reads:

in any proceedings relating to adoption, the marriage of any minor, the exercise of the inherent jurisdiction of the Royal Court with respect to minors or the provision by any person of accommodation, care or schooling for minors

Recommendation

The Minister is asked to note the amendments that the Regulations will make to the various pieces of legislation, and to agree to the changes by making the relevant Ministerial Decision to that effect.

Executive Officer Home Affairs

19 January 2012