Skip to main content Skip to accessibility
This website is not compatible with your web browser. You should install a newer browser. If you live in Jersey and need help upgrading call the States of Jersey web team on 440099.
Government of Jerseygov.je

Information and public services for the Island of Jersey

L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Civil Partnership (Consequential Amendments) (No.2) (Jersey) Regulations 201-: Trusts (Jersey) Law 1984

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made on 21 November 2012:

Decision Reference: MD-E-2012-0144

Decision Summary Title :

Amendments to the Trusts (Jersey) Law 1984 by the Civil Partnership (Consequential Amendments) (No 2) (Jersey) Regulations 201-

Date of Decision Summary:

19 November 2012

Decision Summary Author:

Director,  Finance Industry Development

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title :

Amendments to the Trusts (Jersey) Law 1984 by the Civil Partnership (Consequential Amendments) (No 2) (Jersey) Regulations 201-

Date of Written Report:

19 November 2012

Written Report Author:

Director, Finance Industry Development

Written Report:

Public or Exempt?

Public

 

Subject:

Amendments to the Trusts (Jersey) Law 1984 by the Civil Partnership (Consequential Amendments) (No 2) (Jersey) Regulations 201-

Decision(s):

The Minister agreed the proposed changes to Article 9(6) of the Trusts (Jersey) Law 1984 in order for the Civil Partnership (Consequential Amendments) (No 2) (Jersey) Regulations 201- to be implemented.

Reason(s) for Decision:

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.

Resource Implications:

There are no financial or resource implications arising from the decision.

Action required:

The Economic Development Department will notify the Chief Minister's Department once the Ministerial Decision has been signed off.

Signature:

 

 

Senator AJH Maclean

Position:

 

Minister for Economic Development

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

Civil Partnership (Consequential Amendments) (No.2) (Jersey) Regulations 201-: Trusts (Jersey) Law 1984

MINISTER FOR ECONOMIC DEVELOPMENT

 

 

Amendments to the Trusts (Jersey) Law 1984 by the Civil Partnership (Consequential Amendments) (No 2) (Jersey) Regulations 201-

 

  1. 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.

 

  1. 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”

 

  1. 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

 

1

 

Back to top
rating button