Marriage and Civil Status (Forms, Registration and Fees) (Amendment No. 5) (Jersey) Order 2012

Made                                                                         21st March 2012

Coming into force                                                         2nd April 2012

THE MINISTER FOR HOME AFFAIRS, in pursuance of Articles 8, 12, 16, 20, 49, 50, 68, 69, 70, 74 and 82 of the Marriage and Civil Status (Jersey) Law 2001[1], orders as follows –

1        Interpretation

In this Order “principal Order” means the Marriage and Civil Status (Forms, Registration and Fees) (Jersey) Order 2002[2].

2        Articles 3 and 4 substituted

For Articles 3 and 4 of the principal Order there shall be substituted the following Articles –

“3      Preparation of marriage returns

The registrar of a parish, upon the presentation to the registrar of a valid licence for the solemnization of a marriage in that parish, shall –

(a)     enter the particulars of the proposed parties to the marriage in 3 marriage return documents, in identical manner, in the form set out in Part 1 of Schedule 2; and

(b)     where the marriage is not to be completed in the registrar’s presence, make those documents available to the person required by Article 70 of the Law to record the marriage.

(1)     The person required by Article 70 of the Law to record a marriage shall, immediately after solemnizing the marriage –

(a)     complete the 3 marriage return documents provided to him or her by the registrar under Article 3, in identical manner, and containing the particulars referred to in Part 1 of Schedule 2; and

(b)     give one of the marriage return documents to the parties to the marriage.

(2)     Each of the 3 marriage return documents shall be signed by the person required to record the marriage, the parties to the marriage and 2 witnesses.”.

3        Article 5 amended

In Article 5 of the principal Order –

(a)     in paragraph (1)(b) for the words “2 marriage returns” there are substituted the words “1 marriage return”;

(b)     in paragraph (2) for the words “3 marriage returns” there are substituted the words “1 marriage return”.

4        Article 6 amended

In Article 6 of the principal Order for paragraphs (1) and (2) there shall be substituted the following paragraphs –

“(1)    A registrar required by Article 69 of the Law to register the particulars of a marriage shall, as soon as is practicable, enter in the marriage register held by the registrar, in the form set out Part 2 of Schedule 2, the particulars of the marriage contained in the marriage return completed by or delivered to the registrar.

(2)     Every entry made in a marriage register shall be in consecutive date order from the beginning to the end of the register.”.

5        Article 7 amended

In Article 7 of the principal Order –

(a)     in paragraph (1), for the words “register books” there shall be substituted the word “registers”;

(b)     for paragraph (3) there shall be substituted the following paragraph –

“(3)    Every entry made in a marriage register under paragraph (1) shall be made in consecutive date order from the beginning to the end of each register and the number of the entry shall be the same in each duplicate marriage register.”.

6        Article 8 amended

In Article 8 of the principal Order –

(a)     in paragraph (1) the word “book” shall be deleted;

(b)     in paragraph (2), for the words “register books” there shall be substituted the word “registers”.

7        Article 9 amended

In Article 9 of the principal Order –

(a)     in the heading and in paragraphs (1), (2) and (3) for the words “register books” wherever they appear there shall be substituted the word “registers”.

(b)     in paragraph (1) for the words “such books” there shall be substituted the words “such registers”.

8        Schedule 1 amended

In Schedule 1 to the principal Order –

(a)     in Part 1, for the form entered under the heading “NOTICE OF MARRIAGE” there shall be substituted the form in Schedule 1 to this Order;

(b)     in Part 4, for the form entered under the heading “CERTIFICATE FOR SOLEMNIZATION OF MARRIAGE OUTSIDE JERSEY” there shall be substituted the form in Schedule 2 to this Order.

9        Schedule 2 amended

In Schedule 2 to the principal Order –

(a)     in Part 1, for the form entered under the heading “MARRIAGE RETURN” there shall be substituted the form in Schedule 3 to this Order;

(b)     in Part 2 –

(i)      in the heading the word “book” shall be deleted,

(ii)      for the form entered under the heading “ENTRY IN MARRIAGE REGISTER” there shall be substituted the form in Schedule 4 to this Order.

10      Schedule 3 amended

In Schedule 3 to the principal Order –

(a)     in Part 1, for the form entered under the heading “PARTICULARS OF BIRTH AND ENTRY IN REGISTER” there shall be substituted the form in Schedule 5 to this Order;

(b)     in Part 4, for the form entered under the heading “SHORT BIRTH CERTIFICATE ISSUED BY THE SUPERINTENDENT REGISTRAR” there shall be substituted the form in Schedule 6 to this Order.

11      Schedule 5 amended

In Part 1 of Schedule 5 to the principal Order, for the form entitled “PARTICULARS OF DEATH AND ENTRY IN REGISTER” there shall be substituted the form in Schedule 7 to this Order.

12      Schedule 6 amended

In Schedule 6 to the principal Order, for the entry for Article 20(6) there shall be substituted the following entry –

 

“Article 20(6)

(a)    Fee for the use of the Superintendent Registrar’s premises for solemnization of marriage

£60

 

(b)    fee for solemnization of marriage by the Superintendent Registrar at his or her premises –

 

 

        (i)   between the hours of 8 a.m. and 4 p.m.

£60

 

        (ii)  between the hours of 4 p.m. and 7 p.m.

£80

 

(c)    fee for solemnization of marriage by the Superintendent Registrar’s delegate at the Superintendent Registrar’s premises –

 

 

        (i)   between the hours of 8 a.m. and 4 p.m.

£70

 

        (ii)  between the hours of 4 p.m. and 7 p.m.

£90

 

(d)    fee for solemnization of marriage by Superintendent Registrar or the Superintendent Registrar’s delegate at any other approved premises –

 

 

        (i)   between the hours of 8 a.m. and 4 p.m.

£70

 

        (ii)  between the hours of 4 p.m. and 7 p.m.

£90”

13      Transitional arrangements

(1)     Despite Article 8(a) –

(a)     a Notice of Marriage in the form set out in Part 1 of Schedule 1 to the principal Order immediately before the coming into force of this Order may be used until every entry in the marriage notice book published and kept by the Superintendent Registrar under Article 8(4) of the Law before the coming into force of this Order has been completed; and

(b)     in a case where either the bride or the groom has previously formed a civil partnership, the Superintendent Registrar may amend in his or her hand the form of Notice of Marriage and the entry in the marriage notice book relating to that bride and groom so that in the column headed “Marital Status” in the entry relating to that bride and groom, for the word “Marital” there is substituted the word “Civil”.

(2)     Despite Article 8(b) –

(a)     a certificate for the solemnization of a marriage outside Jersey in the form set out in Part 4 of Schedule 1 to the principal Order immediately before the coming into force of this Order may be used until every such certificate printed for the use by the Superintendent Registrar before the coming into force of this Order has been completed; and

(b)     in a case where either the bride or the groom has previously formed a civil partnership, the Superintendent Registrar may amend in his or her hand the certificate relating to that bride and groom so that in the column headed “Marital Status” for the word “Marital” there is substituted the word “Civil”.

(3)     Despite Article 9(a) –

(a)     any marriage return document that is in the form set out in Part 1 of Schedule 2 to the principal Order immediately before the coming into force of this Order may be used until every such document printed before the coming into force of this Order has been used;

(b)     in a case where either the bride or the groom has previously formed a civil partnership, the registrar may amend in his or her hand each marriage return relating to that bride and groom so that in the column headed “Marital Status” for the word “Marital” there is substituted the word “Civil”; and

(c)     in the column headed “Forename and Maiden Surname of Mother” there is recorded in relation to each party to the marriage the forename and maiden surname of his or her mother and the occupation or profession of his or her mother.

(4)     Despite Article 9(b) –

(a)     any marriage register book kept by a registrar in accordance with Article 6(1) of the principal Order that was published before the coming into force of this Order may continue to be used until every entry in that marriage register book has been completed;

(b)     in a case where either the bride or the groom has previously formed a civil partnership, the registrar may amend in his or her hand the marriage register book so that in the entry relating to that bride and groom, for the word “Marital” there is substituted the word “Civil”; and

(c)     in the column headed “Forename and Maiden Surname of Mother” there is recorded in relation to each party to the marriage the forename and maiden surname of his or her mother and the occupation or profession of his or her mother.

(5)     Despite Article 10(a) –

(a)     any entry in the register of births required to be made by a registrar in accordance with Article 10(1) of the principal Order may be made in the form contained in Part 1 of Schedule 3 to the principal Order immediately before the coming into force of this Order until every entry in that register has been completed; and

(b)     in the column of that register headed “Forename and Maiden Surname of Mother” there is recorded the forename and maiden surname of the mother and the occupation or profession of the mother of the child.

(6)     Despite Article 11 –

(a)     any register of death kept by a registrar in accordance with Article 14(1) of the principal Order that was published before the coming into force of this Order may continue to be used until every entry in that register has been completed; and

(b)     in the case where the deceased was a civil partner or a former civil partner at the time of death, the registrar may amend in his or her hand that register so that in the entry relating to the deceased, for the word “Marital” there is substituted the word “Civil”.

14      Citation and Commencement

This Order may be cited as the Marriage and Civil Status (Forms, Registration and Fees) (Amendment No. 5) (Jersey) Order 2012 and shall come into force on 2nd April 2012.

senator b.i. le marquand

Minister for Home Affairs

 



 



[1]                                    chapter 12.600

[2]                                    chapter 12.600.60


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