Marriage and Civil Status (Forms, Registration and Fees) Order 2002, and Marriage and Civil Status (Approved Premises) Order 2002: Amendments

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A decision made 8 March 2012:

Decision Reference: MD-HA-2012-0019
Decision Summary Title :	Amendments to Marriage and Civil Status Orders		Date of Decision Summary:	29 February 2012
Decision Summary Author:	Executive Officer Home Affairs		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 :	Amendments to Marriage and Civil Status Orders		Date of Written Report:	28 February 2012
Written Report Author:	Superintendent Registrar		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Proposed amendments to the Marriage and Civil Status (Forms, Registration and Fees) Order 2002 and Marriage and Civil Status (Approved Premises) Order 2002.
Decision(s): The Minister approved the proposed amendments to the Marriage and Civil Status (Forms, Registration and Fees) Order 2002 and Marriage and Civil Status (Approved Premises) Order 2002, as set out in the written report and instructed the Superintendent Registrar to liaise with the Law Draftsman’s Office to give effect to the amendments.
Reason(s) for Decision: The introduction of the Civil Partnership Law has highlighted the need for some amendments to the Marriage and Civil Status (Forms, Registration and Fees) Order 2002 and Marriage and Civil Status (Approved Premises) Order 2002, which relate to a person’s civil status. The Superintendent Registrar has also identified some further minor amendments to be addressed at the same time.
Resource Implications: There are no resource implications to the Home Affairs Department arising from this decision. Any premises wishing to hold civil partnerships, in addition to civil weddings, will need to pay a fee of £40 to the Parish in which the premises are located.
Action required: The Superintendent Registrar to liaise with the Law Draftsman’s Office to request that the necessary amendments be made.
Signature:		Position: Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed):

Marriage and Civil Status (Forms, Registration and Fees) Order 2002, and Marriage and Civil Status (Approved Premises) Order 2002: Amendments

Ministerial Briefing Note

To: Senator I. Le Marquand, Minister for Home Affairs

Steven Austin-Vautier, Chief Officer, Home Affairs

From: Sue Groves, Superintendent Registrar

Date: 28 February 2012

Subject: Amendments to the Marriage and Civil Status (Forms, Registration and Fees) Order 2002 and Marriage and Civil Status (Approved Premises) Order 2002

Reason for report

The aim of this report is to seek the Minister’s approval to liaise with the Law Draftsman over the drafting of certain amendments to the above Orders.

Background

The enactment of the Civil Partnership (Jersey) Law introduces a significant new strand of work to the Office of the Superintendent Registrar where it will sit in parallel with the Marriage and Civil Status (Jersey) Law 2001.

Work on the Civil Partnership (Forms, Registration and Fees) Order and the Civil Partnership (Approved Premises) Order has highlighted the need for a number of small amendments to the Marriage and Civil Status (Forms, Fees and Registration) Order 2002 and the Marriage and Civil Status (Approved Premises) Order 2002 which mostly relate to a person’s civil status and the fees levied for approval of premises for weddings.

2.1 Civil Status

The amendments which relate to a person’s civil status would be:

In Part 1 of Schedule 5 of the Forms, Registration and Fees Order amend the words ‘marital status at time of death’ with the wording ‘marital/civil status at time of death’ on the current form entitled “Particulars of death and entry in Register”

The Law Draftsman would also need to make provision that any register of death that is kept by the registrar in accordance with Article 14 (1) of the Order that was published before this amendment came into force, can continue to be used until every place of entry in that register has been completed. The registrar can then amend the register manually so that the words ‘marital/civil status at time of death’ ‘are substituted for the words marital status at the time of death’.

2.2 Other further amendments to Marriage and Civil Status (Forms, Registration and Fees) Order 2002

The Superintendent Registrar would also like to effect the following further amendments in the Forms, Registration and Fees Order:

In Parts 1 and 2 of Schedule 2 of the Order insert wording to include the ‘occupation or profession of the mother’ in the marriage register and return [this wording would be included in the equivalent Civil Partnership Order]

In Part 1 of Schedule 3 insert wording to include the occupation or profession of the mother in the birth register

In Part 4 of Schedule 3 re a short form birth certificate issued by the Superintendent Registrar substitute the wording ‘do hereby certify that the above particulars have been compiled from an entry in a register of births in my custody’ with ‘do hereby certify that the above particulars have been compiled from an entry in a register in my custody’ so that these certificates can be issued to adopted persons without prejudice

In Schedule 6 re the Fees charged under Article 20 (6) (b) for the celebration of marriages insert the words his or her premises or

[ie fee for solemnization of marriage by Superintendent Registrar or the Superintendent Registrar’s delegate at his or her premises or any other approved premises.] This is intended to cover the cost of bringing in a delegate to celebrate weddings in the Register Office on Saturday afternoons.

2.3 Amendment to Marriage and Civil Status (Approved Premises) Order 2002

In order that the approval for premises to hold civil weddings can be extended to approval for civil partnerships in return for a subsidiary fee of £40, payable to the parish in question the above order will need an amendment. There will need to be an equivalent clause in the Civil Partnership (Approved Premises) Order so that if a premises is approved in the first instance for civil partnerships that approval can be extended to include marriages for the same subsidiary fee of £40.

Proposal

The Minister is asked to approve the amendments and the liaison with the Law Draftsman to give effect to them.

Sue Groves

Superintendent Registrar