Marriage and Civil
Status (Forms, Registration and Fees) (Jersey) Order 2002[1]
THE HOME AFFAIRS COMMITTEE, in pursuance of Articles 8, 11, 13, 15, 17, 20, 21,
28, 47, 49, 50, 52, 57, 58, 60, 61, 64, 68, 69, 70, 73, 74, 78, 79 and 82 of
the Marriage and Civil Status (Jersey)
Law 2001[2] orders as
follows –
Commencement [see endnotes]
PART 1
OPENING
1 Interpretation
(1) In
this Order –
“informant” has the same meaning as in Part
5 of the Law;
“Law” means the Marriage and Civil Status (Jersey) Law 2001;[3]
“licence” means a licence issued by the
Superintendent Registrar under Article 11 of the Law;
“marriage return” means the form referred to
in Article 4;
“stillbirth” has the same meaning as in Part
5 of the Law.
(2) Except
where the context requires otherwise, a reference in this Order to a birth
means the birth of a child born alive.
PART 2
MARRIAGE
2 Forms
for solemnization of marriage
(1) Notice
of marriage shall be in the form set out in Part 1 of Schedule 1 and contain
the particulars there referred to.
(2) A
declaration required under Article 8(5)(b) of the Law in respect of a
proposed marriage to which Article 4(2) of the Law applies shall be in the
form set out in Part 2 of Schedule 1 and attested in the manner there
specified.
(3) A
licence shall be in the form set out in Part 3 of Schedule 1 and contain
the particulars there referred to.
(4) A
certificate for the solemnization of a marriage outside Jersey issued under Article 13
of the Law shall be in the form set out in Part 4 of Schedule 1 and contain the
particulars there referred to.
(5) A
medical statement required under Article 21(2) of the Law for the
solemnization of the marriage of an incapacitated person at the place where the
person is shall be in the form set out in Part 5 of Schedule 1.
3 Preparation
of marriage returns[4]
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.
4 Completion
of marriage returns[5]
(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.
5 Delivery
of marriage returns
(1) Where
an authorized person is required to record a marriage the authorized person
shall, within the period of 72 hours following the solemnization of the
marriage –
(a) deliver one marriage return to the owners or
trustees of the registered building in which the marriage was solemnized; and
(b) deliver 1 marriage return to the registrar.[6]
(2) Where
the Superintendent Registrar or the Superintendent Registrar’s delegate
is required to record a marriage, he or she shall, within the period of 72
hours following the solemnization of a marriage, deliver 1 marriage return to
the registrar.[7]
6 Registration
of marriage in registered building or on approved premises
(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.[8]
(2) Every
entry made in a marriage register shall be in consecutive date order from the
beginning to the end of the register.[9]
7 Registration
of marriage in Anglican church
(1) A
clergyman of the Anglican church required by Article 69 of the Law to
register the particulars of a marriage shall, having solemnized the marriage,
immediately enter the particulars relating to the marriage in the form set out
in Part 2 of Schedule 2, in duplicate, in the 2 marriage registers of the
church in which the marriage is solemnized.[10]
(2) The
entries made under paragraph (1) shall be signed by the clergyman, the
parties to the marriage and 2 witnesses.
(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.[11]
8 Quarterly
returns of marriages to Superintendent Registrar
(1) At
the end of each quarter, each registrar shall deliver to the Superintendent
Registrar one of the marriage returns completed by or returned to the registrar
in respect of each marriage entered during that quarter in the marriage
register kept by the registrar or, if no marriage has been so entered during
that quarter, a certificate of that fact under the registrar’s hand on a
form supplied by the Superintendent Registrar.[12]
(2) At
the end of each quarter, every incumbent of an Anglican church shall make and
deliver to the Superintendent Registrar, on forms supplied by the
Superintendent Registrar, a true copy certified under the incumbent’s
hand of all marriages entered during that quarter in the marriage registers
kept by the incumbent or, if no marriage has been so entered during that
quarter, a certificate of that fact under the incumbent’s hand on a form
supplied by the Superintendent Registrar.[13]
(3) The
Superintendent Registrar shall pay, or cause to be paid, to every incumbent by
whom a certified copy is delivered under paragraph (2), the specified sum
for every entry contained in the certified copy.
(4) The
Superintendent Registrar shall –
(a) keep and, so often as may be necessary, have
bound the copies delivered to the Superintendent Registrar under paragraphs (1)
and (2); and
(b) have indexes made thereto which shall be
kept in the Superintendent Registrar’s office.
9 Keeping
of marriage registers and other documents[14]
(1) Any
person who, by virtue of the person’s office, is required by this Order
to keep marriage registers or other documents shall, on ceasing to hold office,
deliver up such registers and documents to the person’s successor.[15]
(2) The
incumbent of an Anglican church or a registrar shall, as soon as the marriage
registers kept by the incumbent or registrar in duplicate are full, deliver one
of them to the Superintendent Registrar and keep the other with the other
documents in the incumbent or registrar’s care.[16]
(3) The
Superintendent Registrar shall keep the marriage registers delivered to the
Superintendent Registrar under paragraph (2).[17]
PART 3
BIRTHS, STILLBIRTHS AND
DEATHS
10 Duty
to register births and stillbirths
(1) Subject
to this Order, a registrar who is informed, in accordance with the Law and this
Order, of the particulars of a birth shall enter, in the form set out in Part 1
of Schedule 3, in the register of births kept by the registrar, the number of
the entry being made, the particulars of the birth and the date of registration
and sign the entry so made.
(2) Subject
to this Order, a registrar who is informed, in accordance with this Order, of
the particulars of a stillbirth shall enter, in the form set out in Part 1 of Schedule
4, in the register of stillbirths kept by the registrar, the number of the
entry being made, the particulars of the stillbirth and the date of
registration and sign the entry so made.
(3) Subject
to this Order, the particulars of a birth means the particulars required in the
form set out in Part 1 of Schedule 3 in columns 2 to 9 (other than the
signature of the informant).
(4) Subject
to this Order, the particulars of a stillbirth means the particulars required
in the form set out in Part 1 of Schedule 4 in columns 2 to 8 (other than the
signature of the informant).
(5) Entries
of births or stillbirths shall be numbered and made successively from the
beginning to the end of the register in which they are made.
11 Further
registration of name
(1) This
Article applies where the name of a child is to be registered pursuant to Article 58
of the Law.
(2) A
certificate of baptismal name referred to in Article 58 of the Law shall
be in the form set out in Part 2 of Schedule 3, signed by the person who
performed the rite of baptism.
(3) On
presentation of the certificate and payment of the specified fee, the registrar
shall, without any change to the original entry of the birth, enter in the
register of births that the child has been baptized in that name.
(4) The
person who performed the rite of baptism or who has custody of any register in
which the baptism is recorded shall, on payment of the specified fee, issue the
certificate referred to in paragraph (2).
12 Short
birth certificates
(1) A
short birth certificate issued by a registrar under Article 60(1) of the Law
shall be in the form set out in Part 3 of Schedule 3 and contain the
particulars there referred to.
(2) A
short birth certificate issued by the Superintendent Registrar under Article 60(2)
of the Law shall be in the form set out in Part 4 of Schedule 3 and contain the
particulars there referred to.
13 Certificates
for stillbirth
(1) A
certificate of fact and cause of stillbirth given under Article 61(3) of
the Law shall be in the form set out in Part 2 of Schedule 4 and certified in
the manner there specified.
(2) A
certificate of registration of a stillbirth given under Article 61(5) of
the Law shall be in the form set out in Part 3 of Schedule 4 and contain
the particulars there specified.
14 Duty
to register deaths
(1) Subject
to this Order, a registrar who is informed, in accordance with the Law and this
Order, of the particulars of a death shall enter, in the form set out in Part 1
of Schedule 5, in the register of death kept by the registrar, the number of
the entry being made, the particulars of the death and the date of registration
and sign the entry so made.
(2) Subject
to this Order, the particulars of a death means the particulars required in the
form set out in Part 1 of Schedule 5 in columns 2 to 10 (other than the
signature of the informant).
15 Certificates
for death
(1) A
certificate of fact and cause of death given under Article 64(1) of the Law
shall be in the form set out in Part 2 of Schedule 5 and certified in
the manner there specified.
(2) A
certificate of registration of a death given under Article 68 of the Law
shall be in the form set out in Part 3 of Schedule 5 and contain the
particulars there specified.
PART 4
GENERAL
16 Declarations
(1) Every
declaration made for the purposes of Part 5 of the Law shall be in writing,
dated and signed.
(2) The
Superintendent Registrar and each registrar shall keep every declaration
delivered to him or her pursuant to the Law with the other documents in his or
her charge.
17 Quarterly
returns to Superintendent Registrar
(1) In
the month following the end of each quarter, every registrar shall deliver to
the Superintendent Registrar –
(a) a copy of each entry of a birth, stillbirth
and death made by the registrar in that quarter; and
(b) a summary of the number of births,
stillbirths and deaths registered by the registrar in that quarter.
(2) A
copy of an entry shall be on durable material and certified by the registrar
under the registrar’s signature as correct.
(3) The
Superintendent Registrar shall –
(a) verify each copy of an entry delivered to the
Superintendent Registrar against the original and certify it under the
Superintendent Registrar’s signature as correct; and
(b) verify each summary delivered to the
Superintendent Registrar and notify the Connétable of the parish to
which the summary relates, of the information contained in it.
(4) On
being notified of the information contained in a summary, the Connétable
of a parish, other than the parish of St. Helier, shall pay to the registrar
the relevant fee for each birth, stillbirth and death recorded in the summary.
(5) The
Superintendent Registrar shall –
(a) keep and, so often as may be necessary, have
bound the copies delivered to the Superintendent Registrar under paragraph (1);
and
(b) have indexes made thereto which shall be
kept in the Superintendent Registrar’s office.
18 Correction
of error in register
(1) Upon
the Minister or the Inferior Number of the Royal Court granting permission for
correction of an error other than a clerical error, the Superintendent
Registrar shall make the correction in the margin of both the original entry
and the copy kept under this Order and there enter the date the permission is
granted, the date the correction is made and the Superintendent
Registrar’s signature.
(2) A
person who finds a clerical error in the original entry of a birth, stillbirth
or death shall bring it to the attention of the Superintendent Registrar.
(3) Upon
being notified of a clerical error, the Superintendent Registrar shall make the
correction in the margin of both the original entry and the copy kept under
this Order and there enter the date the correction is made and the
Superintendent Registrar’s signature.
(4) Upon
ascertaining that the copy of an entry of birth, stillbirth or death kept under
this Order is not the same as the original, the Superintendent Registrar shall,
as soon as is practicable, correct the error in the copy and there enter the
date the correction is made and the Superintendent Registrar’s signature.
19 Specifications
for books of banns and registers
Books of banns provided under Article 28
of the Law and registers provided under Article 47 of the Law must conform
to the following specifications –
(a) they
shall be of durable material;
(b) the
heads of information required to be known and registered in relation to
marriages shall be printed on each side of every page of the book or register;
(c) every
page of the book or register and every place of entry in it shall be numbered
progressively from the beginning to the end, beginning with the number one; and
(d) every
entry shall be divided from the following entry by a printed line.
20 Fees,
etc.
Schedule 6 shall have effect to set –
(a) the
fees payable under the provisions of the Law there mentioned;
(b) the
sum payable under Article 8(3) of this Order; and
(c) the
fee payable under Article 17(4) of this Order.
20A Transitional
arrangements[18]
(1) Despite
Article 8(a) of the Marriage and Civil Status (Forms, Registration
and Fees) (Amendment No. 5) (Jersey) Order 2012[19] –
(a) a Notice of Marriage in the form set out in
Part 1 of Schedule 1 to this Order immediately before the coming into
force of Marriage and Civil Status (Forms, Registration and Fees) (Amendment
No. 5) (Jersey) Order 2012 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 the Marriage and Civil Status
(Forms, Registration and Fees) (Amendment No. 5) (Jersey) Order 2012 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) of the Marriage and Civil Status (Forms, Registration
and Fees) (Amendment No. 5) (Jersey) Order 2012 –
(a) a certificate for the solemnization of a
marriage outside Jersey in the form set out in Part 4 of Schedule 1
to this Order immediately before the coming into force of the Marriage and
Civil Status (Forms, Registration and Fees) (Amendment No. 5) (Jersey) Order
2012 may be used until every such
certificate printed for the use by the Superintendent Registrar before the
coming into force of the Marriage and Civil Status (Forms, Registration and
Fees) (Amendment No. 5) (Jersey) Order 2012 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) of the Marriage and Civil Status (Forms, Registration
and Fees) (Amendment No. 5) (Jersey) Order 2012 –
(a) any marriage return document that is in the
form set out in Part 1 of Schedule 2 to this Order immediately before
the coming into force of the Marriage and Civil Status (Forms, Registration and
Fees) (Amendment No. 5) (Jersey) Order 2012 may be used until every such document
printed before the coming into force of the Marriage and Civil Status (Forms,
Registration and Fees) (Amendment No. 5) (Jersey) Order 2012 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) of the Marriage and Civil Status (Forms, Registration
and Fees) (Amendment No. 5) (Jersey) Order 2012 –
(a) any marriage register book kept by a
registrar in accordance with Article 6(1) of this Order that was published
before the coming into force of the Marriage and Civil Status (Forms,
Registration and Fees) (Amendment No. 5) (Jersey) Order 2012 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) of the Marriage and Civil Status (Forms, Registration
and Fees) (Amendment No. 5) (Jersey) Order 2012 –
(a) any entry in the register of births required
to be made by a registrar in accordance with Article 10(1) of this Order
may be made in the form contained in Part 1 of Schedule 3 to this
Order immediately before the coming into force of the Marriage and Civil Status
(Forms, Registration and Fees) (Amendment No. 5) (Jersey) Order 2012 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 of the Marriage and Civil Status (Forms, Registration and
Fees) (Amendment No. 5) (Jersey) Order 2012 –
(a) any register of death kept by a registrar in
accordance with Article 14(1) of this Order that was published before the
coming into force of the Marriage and Civil Status (Forms, Registration and
Fees) (Amendment No. 5) (Jersey) Order 2012 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”.
21 Citation
This Order may be cited as the
Marriage (Forms, Registration and Fees) (Jersey) Order 2002.