Civil Partnership (Consequential Amendments) (No.2) (Jersey) Regulations 201-: Gambling (Jersey) Law 2012

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A decision made on 21 November 2012:

Decision Reference: MD-E-2012-0145
Decision Summary Title :	Amendments to the Gambling (Jersey) Law 2012 by the Civil Partnership (Consequential Amendments) (No 2) (Jersey) Regulations 201-		Date of Decision Summary:	19 November 2012
Decision Summary Author:	Strategy Manager		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Oral		Person Giving Oral Report:	Strategy Manager
Written Report Title :	N/a		Date of Written Report:	19 November 2012
Written Report Author:	Strategy Manager		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Amendments to the Gambling (Jersey) Law 2012 by the Civil Partnership (Consequential Amendments) (No 2) (Jersey) Regulations 201-.
Decision(s): The Minister, after consultation with the Board of the Jersey Gambling Commission, agreed the changes to the Gambling (Jersey) Law 2012 in order for the Civil Partnership (Consequential Amendments) (No 2) (Jersey) Regulations 201- to be implemented.
Reason(s) for Decision: The Chief Minister is due 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 possible, to be treated in the same way as married couples. In order to do this, amendments to the Gambling (Jersey) Law 2012 are required prior to the Regulations being lodged.
Resource Implications: There are no financial or resource implications for the States arising from this decision.
Action required: The Economic Development Department will notify the Chief Minister’s Department once the Ministerial Decision has been signed.
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-: Gambling (Jersey) Law 2012

Jersey Crest

Civil Partnership (Consequential Amendments) (No. 2) (Jersey) Regulations 201-

REPORT

Explanatory Note

These Regulations make consequential amendments to Laws that make provision in respect of marriage and spouses so that all such provisions also apply, so far as possible in the same way in respect of civil partnerships and civil partners. With the exception of the amendment being made to the Gender Recognition (Jersey) Law 2010, all the amendments are consequential to the Laws, or amendments to the Laws, being adopted by the States but not registered by the Royal Court before the coming into force of the Civil Partnership (Jersey) Law 2012.

Regulation 1 amends Article 17(1)(c) of the Control of Housing and Work (Jersey) Law 2012 so that a person with Entitled for Work Only status may occupy Qualified dwelling accommodation (as classified under that Law) if the person has purchased such accommodation jointly with his or her spouse or civil partner, such spouse or civil partner having Entitled or Licensed status. It also amends Article 19(6) and (7) of that Law so that a person with Entitled for Work Only status or a person with Licensed status may purchase land with a spouse or civil partner. In the case of an Entitled for Work Only person, the spouse or civil partner must be an Entitled or Licensed person.

Regulation 2 amends the Gambling (Jersey) Law 2012 so that for the purposes of that Law a civil partner is included in the list of people who are associates of another person.

Regulation 3 corrects an error in Article 17(6)(c) of the Gender recognition (Jersey) Law 2010 , so that it now correctly sets out the circumstances when a foreign civil partnership will be recognised in Jersey where one of the civil partners has changed his or her gender.

Regulation 4 amends the Long Term Care (Jersey) Law 2012 so that the assets of a person and those of his or her spouse or civil partner, or person living with him or her in a marriage-like or civil partnership-like relationship, may be taken into account when calculating a contribution or payment made under that Law,.

Regulation 5 amends the Trusts (Jersey) Law 1984 so that the definition “personal relationship” includes the situation where there exists, or has in the past existed, a relationship between the settlor or a beneficiary, by blood, marriage, civil partnership or adoption (whether or not the marriage, civil partnership or adoption is recognized by law), or any arrangement between a person and the settlor or a beneficiary such as to give rise in any jurisdiction to any rights, obligations or responsibilities analogous to those of parent and child, husband and wife or civil partners.

Regulation 6 sets out the title of these Regulations and provides that they will come into force the day after they are made

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Jersey Crest

Civil Partnership (Consequential Amendments) (No. 2) (Jersey) Regulations 201-

Made [date to be inserted]

Coming into force [date to be inserted]

THE STATES, in pursuance of Articles 71 and 72 of the Civil Partnership (Jersey) Law 2012, have made the following Regulations –

1 Control of Housing and Work (Jersey) Law 2012 amended

In the Control of Housing and Work (Jersey) Law 201 –

(a) in Article 17(1)(c) after the word “spouse” there shall be inserted the words “or civil partner”;

(b) in Article 19 –

(i) in paragraph (6) after the word “spouse” each time it appears there shall be inserted the words “or civil partner”;

(ii) in paragraph (7)(b) after the word “spouse” there shall be inserted the words “or civil partner”.

2 Gambling (Jersey) Law 2012 amended

In the Gambling (Jersey) Law 2012, in Article 4(1)(a), after the word “wife,” there shall be inserted the words “civil partner,”.

3 Gender recognition (Jersey) Law 2010 amended

In the Gender recognition (Jersey) Law 2010, in Article 17(6)(c), for the word “marriage” there shall be substituted the words “civil partnership”.

4 Long Term Care (Jersey) Law 2012 amended

In the Long-Term Care (Jersey) Law 2012, in Article 3(4)(a), for the words “or any individual living in a marriage-like relationship with the person (whether or not of different sexes);” there shall be substituted the words “or civil partner, or any individual living in a marriage-like relationship or civil partnership-like relationship with the person;”.

5 Trusts (Jersey) Law 1984 amended

In the Trusts (Jersey) Law 1984 –

(a) in Article 9(6)(a), after the word “marriage” in both places where it appears there shall be inserted the words “, civil partnership”;

(b) in Article 9(6)(b), for the words “or husband and wife” there shall be substituted the words “, husband and wife or civil partners”.

6 Citation and commencement

These Regulations may be cited as the Civil Partnership (Consequential Amendments (No. 2) (Jersey) Regulations 201- and shall come into force the day after they are made.

Civil Partnership (Consequential Amendments) (No. 2) (Jersey) Regulations 201-

Endnotes

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