Civil Weddings and Civil Partnerships: Approved Premises

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A decision made 22 November 2017:

Decision Reference: MD-HA-2017-0080
Decision Summary Title :	Town Hall Approval for Premises Licence for Marriage/CP		Date of Decision Summary:	10 November 2017
Decision Summary Author:	Superintendent Registrar		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 :	Town Hall Approval for Premises Licence for Marriage/CP		Date of Written Report:	30 October 2017
Written Report Author:	Superintendent Registrar		Written Report: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Approval of rooms at the Town Hall and Old Magistrate’s Court for civil weddings and civil partnerships under the Marriage and Civil Status (Approved Premises) (Jersey) Order 2002 and Civil Partnerships (Approved Premises) Order 2012 respectively.
Decision(s): The Assistant Minister for Home Affairs gave authority for the rooms in the Town Hall and the Old Magistrate’s Court for civil weddings and civil partnerships under the Marriage and Civil Status (Approved Premises) (Jersey) Order 2002 and Civil Partnerships (Approved Premises) (Jersey) Order 2012 respectively.
Reason(s) for Decision: The Assembly Room, Committee Room and Old Magistrate’s Court have previously been approved for the celebration of civil weddings and civil partnerships. Applications for approved premises status are usually made to the Connétable of the Parish in which the premises are situated. However, where the applicant is the Connétable of the Parish, the Connétable must refer the application to the Minister, who must give her authority for the approval of the premises and may make the approval subject to such conditions as she considers reasonable.
Resource Implications: None
Action required: The Executive Officer, Community and Constitutional Affairs to inform the Superintendent Registrar of the decision.
Signature:		Position: Assistant Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed):

Civil Weddings and Civil Partnerships: Approved Premises

Ministerial Briefing Note

To: Deidre Mezbourian, Assistant Minister for Home Affairs

Tom Walker, Chief Officer, Community and Constitutional Affairs

From: Claire Follain, Superintendent Registrar

Date: 03.11.2017

Subject: Approval of rooms at the Town Hall and Old Magistrate’s Court for civil weddings and civil partnerships under the Marriage and Civil Status (Approved Premises) (Jersey) Order 2002 and the Civil Partnerships (Approved Premises) (Jersey) Order 2012

Marriage and Civil Status (Approved Premises) (Jersey) Order 2002

Article 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.

Article 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 marriages, 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 marriages by the Superintendent Registrar or the Superintendent Registrar’s delegate;

(c) that the room or rooms in which ceremonies of marriage 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 one 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.

Article 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 marriages on the premises or, in the case of approval for a specified marriage, the solemnization of that marriage 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.

The above articles require the Connétable to apply to the Minister, where he is the applicant for the approval of premises for marriage in respect of premises within his parish.

Civil Partnership (Approved Premises) (Jersey) Order 2012

Article 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.

(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.

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 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.

The above articles require the Connétable to apply to the Minister, where he is the applicant for the approval of premises for civil partnerships in respect of premises within his parish.

Reason for report:

The Assembly Room, Committee Room and Old Magistrate’s Court have previously been approved for the celebration of civil weddings and civil partnerships. Applications for approved premises status are usually made to the Connétable of the Parish in which the premises are situated. However, where the applicant is the Connétable of the Parish, the Connétable must refer the application to the Minister, who must give her authority for the approval of the premises and may make the approval subject to such conditions as she considers reasonable.

An application form and plan of the Town Hall, submitted by the Connétable of St Helier is attached.

An Approved Premises Certificate is also attached.

2 Proposal

The Minister is asked to approve the Assembly Room, Committee Room and Old Magistrate’s Court as venues for the celebration of civil weddings and civil partnerships for a period of 3 years commencing 1st November 2017.

No conditions are suggested to be attached.

The Minister is asked to sign and date the Approved Premises Certificate.

Claire Follain

Superintendent Registrar

30 October 2017