MINISTER FOR ECONOMIC DEVELOPMENT
Amendments to the Trusts (Jersey) Law 1984 by the Civil Partnership (Consequential Amendments) (No 2) (Jersey) Regulations 201-
- ISSUE
1.1 The Chief Minister is to lodge, in due course, the Civil Partnership (Consequential Amendments) (No 2) (Jersey) Regulations 201- to ensure that the Civil Partnerships (Jersey) Law 2012 is fully effective and provides for civil partners, as far as is possible, to be treated in the same way as married couples.
1.2 Previous amendments had been made to the Trusts (Jersey) Law 1984 by the Civil Partnership (Consequential Amendments) (Jersey) Regulations 2012 in February of this year. While these amendments were made, and were brought into force earlier this year, Trusts (Amendment No 5) (Jersey) Law 2012 (“Amendment No 5”) was with the Privy Council awaiting Royal Assent. The drafting of the provisions in Amendment No 5 did not take into account the provisions introduced by the Civil Partnership (Consequential Amendments) (Jersey) Regulations 2012.
1.3 Amendment No.5 was registered in the Royal Court on 26 October 2012 and came into force on 2 November 2012. The effect of this was that the changes made by the Civil Partnership (Consequential Amendments) (Jersey) Regulations 2012 were not as clear as would be advantageous in respect of the definition of “personal relationship” in Article 9(6).
1.4 It is now proposed that clarifications are made post Amendment No 5 in the Civil Partnership (Consequential Amendments) (No 2) (Jersey) Regulations 201- to rectify this position.
- BACKGROUND
2.1 Article 9(6) of the Trusts (Jersey) Law includes, amongst other provisions, the definition of “personal relationship”. The Draft Civil Partnership (Jersey) Law 201- (P.85/2011) was adopted by the States on 12th July 2011 and has now received Royal Assent and has been registered in the Royal Court.
2.2 Following adoption of the Civil Partnership (Jersey) Law 2012 by the States, subsequent law drafting was commenced, to amend all relevant subordinate legislation and any remaining primary legislation in order to ensure that civil partners are treated, so far as possible, in the same way as married couples.
2.3 The definition of “personal relationship” in Article 9(6) of the Trusts (Jersey) Law 1984 deals directly with situations concerning arrangements analogous to married partners. However it is therefore deemed appropriate to make amendments to the Law to explicitly include civil partnerships in the definition of “personal relationship”
- RECOMMENDATION
3.1 It is therefore recommended that the Minister approve changes to be made to Article 9(6) of the Trusts (Jersey) Law 1984 by the Civil Partnership (Consequential Amendments) (No 2) (Jersey) Regulations 201- to be lodged by the Chief Minister in due course.
4 RESOURCE IMPLICATIONS
There are no financial or resource implications arising from the decision.
Director, Finance Industry Development
Economic Development Department
19 November 2012