BRIEF FOR MINISTER
Civil Partnership (Jersey) Law 201-
Introduction:
The draft Civil Partnership (Jersey) Law 201- (the Law) has been endorsed by the Council of Ministers, and is due to be lodged shortly. The Schedule to the Law makes a number of amendments to various enactments in order to provide for civil partners to be treated in the same way as married couples in so far as is possible. In addition to the amendment that will be made to the Police Procedures and Criminal Evidence (Jersey) Law 2003, which was the subject of a separate report, there are two further pieces of legislation for which the Minister for Home Affairs is responsible, which will be amended by the Law.
Matrimonial Causes (Jersey) Law 1949
Article 38 of the Matrimonial Causes (Jersey) Law 1949 is entitled “Re-marriage after divorce or presumption of death”. The Law will amend the title of this Article by inserting “or civil partnership” after the word “re-marriage”. The Law will also amend paragraph (1) of Article 38. That paragraph currently reads:
As soon as any decree of divorce or presumption of death is made absolute, either of the parties to the marriage may, if there is no right of appeal against the decree absolute, marry again as if the prior marriage had been dissolved by death or, if there is such a right of appeal, may so marry again, if no appeal is presented against the decree, as soon as the time for appealing has expired, or, if an appeal is so presented, as soon as the appeal has been dismissed
The Law will insert the words “or enter into a civil partnership” after the words “marry again” in both places where they appear.
Protection of Employment Opportunities (Jersey) Law 1988
The Protection of Employment Opportunities (Designation of Minister) (Jersey) Act 1992 designates the Minister for Home Affairs as having functions under the Protection of Employment Opportunities (Jersey) Law 1988.
The Law amends Article 3(1)(e) of the Protection of Employment Opportunities (Jersey) Law 1988 by simply inserting the words “or civil partner” after the word “spouse”
Recommendation
The Minister is asked to note the amendment that the Law will make to these pieces of legislation for which he has responsibility, and to agree it by making the relevant Ministerial Decision to that effect.
Executive Officer Home Affairs
4 May 2011