Ministerial Briefing Note
To: Senator I. Le Marquand, Minister for Home Affairs
Steven Austin-Vautier, Chief Officer, Home Affairs
From: Sue Groves, Superintendent Registrar
Date: 28 February 2012
Subject: Amendments to the Marriage and Civil Status (Forms, Registration and Fees) Order 2002 and Marriage and Civil Status (Approved Premises) Order 2002
- Reason for report
The aim of this report is to seek the Minister’s approval to liaise with the Law Draftsman over the drafting of certain amendments to the above Orders.
- Background
The enactment of the Civil Partnership (Jersey) Law introduces a significant new strand of work to the Office of the Superintendent Registrar where it will sit in parallel with the Marriage and Civil Status (Jersey) Law 2001.
Work on the Civil Partnership (Forms, Registration and Fees) Order and the Civil Partnership (Approved Premises) Order has highlighted the need for a number of small amendments to the Marriage and Civil Status (Forms, Fees and Registration) Order 2002 and the Marriage and Civil Status (Approved Premises) Order 2002 which mostly relate to a person’s civil status and the fees levied for approval of premises for weddings.
2.1 Civil Status
The amendments which relate to a person’s civil status would be:
- In Part 1 of Schedule 5 of the Forms, Registration and Fees Order amend the words ‘marital status at time of death’ with the wording ‘marital/civil status at time of death’ on the current form entitled “Particulars of death and entry in Register”
The Law Draftsman would also need to make provision that any register of death that is kept by the registrar in accordance with Article 14 (1) of the Order that was published before this amendment 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 ‘marital/civil status at time of death’ ‘are substituted for the words marital status at the time of death’.
2.2 Other further amendments to Marriage and Civil Status (Forms, Registration and Fees) Order 2002
The Superintendent Registrar would also like to effect the following further amendments in the Forms, Registration and Fees Order:
- In Parts 1 and 2 of Schedule 2 of the Order insert wording to include the ‘occupation or profession of the mother’ in the marriage register and return [this wording would be included in the equivalent Civil Partnership Order]
- In Part 1 of Schedule 3 insert wording to include the occupation or profession of the mother in the birth register
- In Part 4 of Schedule 3 re a short form birth certificate issued by the Superintendent Registrar substitute the wording ‘do hereby certify that the above particulars have been compiled from an entry in a register of births in my custody’ with ‘do hereby certify that the above particulars have been compiled from an entry in a register in my custody’ so that these certificates can be issued to adopted persons without prejudice
- In Schedule 6 re the Fees charged under Article 20 (6) (b) for the celebration of marriages insert the words his or her premises or
[ie fee for solemnization of marriage by Superintendent Registrar or the Superintendent Registrar’s delegate at his or her premises or any other approved premises.] This is intended to cover the cost of bringing in a delegate to celebrate weddings in the Register Office on Saturday afternoons.
2.3 Amendment to Marriage and Civil Status (Approved Premises) Order 2002
In order that the approval for premises to hold civil weddings can be extended to approval for civil partnerships in return for a subsidiary fee of £40, payable to the parish in question the above order will need an amendment. There will need to be an equivalent clause in the Civil Partnership (Approved Premises) Order so that if a premises is approved in the first instance for civil partnerships that approval can be extended to include marriages for the same subsidiary fee of £40.
- Proposal
The Minister is asked to approve the amendments and the liaison with the Law Draftsman to give effect to them.
Sue Groves
Superintendent Registrar