Gender Recognition
(Disclosure of Information) (Jersey) Order 2010
1 Interpretation
In this Order –
“Law” means the Gender Recognition (Jersey) Law 2010;
“subject”, in relation to any protected information,
means the person to whom the information relates.
2 Disclosure
for purpose of obtaining legal advice
It is not an offence under Article 18(1) of the Law for a
person who has acquired protected information in an official capacity to
disclose it for the purpose of obtaining legal advice.
3 Disclosure
for religious purposes
(1) It is not an offence
under Article 18(1) of the Law for a person who has acquired protected
information in an official capacity in relation to an organized religion to
disclose that information –
(a) to a
person acting in an official capacity if the disclosure is to enable the person
to make a decision set out in paragraph (2); or
(b) to a
person responsible for supervising him or her in relation to such a decision.
(2) The decisions set out
in this paragraph are –
(a) whether
to officiate at or permit the marriage or civil partnership of the subject;
(b) whether
the civil partnership of the subject is valid or should be annulled or
dissolved;
(c) whether
to admit or appoint the subject –
(i) as a minister of
religion,
(ii) to
any employment, office or post for purposes of an organized religion,
(iii) to
any religious order or community associated with an organized religion, or
(iv) to
membership (or any category of membership) of an organized religion;
(d) whether
an admission or appointment mentioned in sub-paragraph (c) is valid or
should be suspended, terminated or revoked; or
(e) whether
the subject is eligible to receive or take part in any religious sacrament,
ordinance or rite, or take part in any act of worship or prayer, according to
the practices of an organized religion.[1]
(3) However, if the
disclosure is made to enable a person to make a decision set out in paragraph (2)(c),
(d) or (e), the person making the disclosure must reasonably consider that the
decision maker may need the information for the decision to comply with the
doctrines of the religion in question or avoid conflicting with the strongly
held religious convictions of a significant number of the religion’s
followers.
4 Disclosure
for medical purposes
(1) It is not an offence
under Article 18(1) of the Law for a person who has acquired protected
information in an official capacity to disclose the information if –
(a) the
disclosure is made to a health professional for medical purposes; and
(b) the
person making the disclosure reasonably believes that the subject has given
consent to the disclosure or cannot give such consent.
(2) In this
Article –
“medical purposes” includes the purposes of preventative
medicine, medical diagnosis and the provision of care and treatment;
“health professional” means a doctor or dentist, or a
person authorized to practise in Jersey as a pharmacist, nurse or ambulance
paramedic, or a person working lawfully as a trainee in any of those
professions.
5 Credit
reference agencies
(1) It is not an offence
under Article 18(1) of the Law for a person who has acquired protected
information in an official capacity to disclose the information if –
(a) the
disclosure is made by or on behalf of a credit reference agency;
(b) the
information consists of information contained in an order of a court or
tribunal; and
(c) where
the credit reference agency has been informed that a full gender recognition
certificate has been issued to the subject, the disclosure also contains that
information.
(2) When making disclosure
under paragraph (1), it is also not an offence under Article 18(1) of
the Law to disclose protected information obtained from an electoral register.
(3) In this Article “credit
reference agency” means a person who carries on the business of providing
information about the financial standing of persons.
6 Disclosure
for purposes of Viscount’s functions
It is not an offence under Article 18(1) of the Law for a
person who has acquired protected information in an official capacity to
disclose the information if –
(a) the disclosure is made
by or to the Viscount;
(b) the disclosure is
necessary for the Viscount to discharge his or her functions under any
enactment; and
(c) where the person making
the disclosure knows or believes that a full gender recognition certificate has
been issued to the subject, the disclosure also contains that information.
7 Citation
This Order may be cited as the Gender Recognition (Disclosure of
Information) (Jersey) Order 2010.