Marriage and Civil Status (Forms, Registration & Fees) Order 2002

MARRIAGE AND CIVIL STATUS (FORMS, REGISTRATION AND FEES) (JERSEY) ORDER 2002

Revised Edition

12.600.60

Showing the law as at 1 January 2008 This is a revised edition of the law

(Jersey) Order 2002  Arrangement

MARRIAGE AND CIVIL STATUS (FORMS, REGISTRATION AND FEES) (JERSEY) ORDER 2002

Arrangement

Article

PART 1  7

OPENING  7 1 Interpretation...................................................................................................7

PART 2  8

MARRIAGE  8

2 Forms for solemnization of marriage..............................................................8 3 Preparation of marriage returns.......................................................................8 4 Completion of marriage returns ......................................................................8 5 Delivery of marriage returns...........................................................................8 6 Registration of marriage in registered building or on approved

premises...........................................................................................................9 7 Registration of marriage in Anglican church..................................................9 8 Quarterly returns of marriages to Superintendent Registrar............................9 9 Keeping of marriage register books and other documents............................10

PART 3  10

BIRTHS, STILLBIRTHS AND DEATHS  10

10. Duty to register births and stillbirths.............................................................10
11. Further registration of name..........................................................................11
12. Short birth certificates...................................................................................11
13. Certificates for stillbirth................................................................................11
14. Duty to register deaths...................................................................................11
15. Certificates for death.....................................................................................12

Arrangement  Order 2002

PART 4  12

GENERAL  12

16. Declarations ..................................................................................................12
17. Quarterly returns to Superintendent Registrar..............................................12
18. Correction of error in register.......................................................................13
19. Specifications for books of banns and registers............................................13
20. Fees, etc. .......................................................................................................13
21. Citation..........................................................................................................14

SCHEDULE 1  15

PART 1  15 NOTICE OF MARRIAGE  15 PART 2  16

DECLARATION FOR MARRIAGE TO WHICH ARTICLE 4(2) OF THE

LAW APPLIES  16 PART 3  17 LICENCE  17 PART 4  18

CERTIFICATE FOR SOLEMNIZATION OF MARRIAGE OUTSIDE

JERSEY  18 PART 5  19 MEDICAL STATEMENT  19

SCHEDULE 2  20

PART 1  20 MARRIAGE RETURN  20 PART 2  21 ENTRY IN MARRIAGE REGISTER BOOK  21

SCHEDULE 3  22

PART 1  22 PARTICULARS OF BIRTH AND ENTRY IN REGISTER  22 PART 2  23

(Jersey) Order 2002  Arrangement

CERTIFICATE OF BAPTISMAL NAME  23 PART 3  24 SHORT BIRTH CERTIFICATE ISSUED BY REGISTRAR  24 PART 4  25

SHORT BIRTH CERTIFICATE ISSUED BY SUPERINTENDENT

REGISTRAR  25

SCHEDULE 4  26

PART 1  26 PARTICULARS OF STILLBIRTH AND ENTRY IN REGISTER  26 PART 2  27 CERTIFICATE OF FACT AND CAUSE OF STILLBIRTH  27 PART 3  28 CERTIFICATE OF REGISTRATION OF STILLBIRTH  28

SCHEDULE 5  29

PART 1  29 PARTICULARS OF DEATH AND ENTRY IN REGISTER  29 PART 2  30 CERTIFICATE OF FACT AND CAUSE OF DEATH  30 PART 3  32 CERTIFICATE OF REGISTRATION OF DEATH  32

SCHEDULE 6  33

FEES, ETC.  33

Supporting Documents

ENDNOTES  35

Table of Legislation History.........................................................................................35

Arrangement  Order 2002

Table of Renumbered Provisions.................................................................................35 Table of Endnote References .......................................................................................35

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 20012 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

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 prepare and, where the marriage is not to be solemnized in the registrar's presence, make available the documents  required  to be  completed  and  signed immediately following the solemnization of the marriage, in accordance with Article 4.

4  Completion of marriage returns

1. A person required by Article 70 of the Law to record a marriage shall, immediately after the solemnization of the marriage –

1. complete 4 marriage returns, in identical manner, in the form and containing the particulars referred to in Part 1 of Schedule 2; and
2. give one of the marriage returns to the parties to the marriage.

2. Each marriage return 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 –

1. deliver  one  marriage  return  to  the  owners  or  trustees  of  the registered building in which the marriage was solemnized; and

2. deliver 2 marriage returns to the registrar.

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 3 marriage returns to the registrar.

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 book held by the registrar, in the form set out Part 2 of Schedule 2, the particulars of the marriage contained in the marriage returns completed by or delivered to the registrar.
2. Every entry made in a marriage register book shall be in consecutive date order from the beginning to the end of the book.

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 register books of the church in which the marriage is solemnized.
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 book under paragraph (1) shall be made in consecutive date order from the beginning to the end of each book and the number of the entry shall be the same in each duplicate marriage register book.

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  book  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.
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 register books 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.

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 –

1. keep and, so often as may be necessary, have bound the copies delivered to the Superintendent Registrar under paragraphs (1) and (2); and
2. have  indexes  made  thereto  which  shall  be  kept  in  the Superintendent Registrar's office.

9  Keeping of marriage register books and other documents

1. Any person who, by virtue of the person's office, is required by this Order  to  keep  marriage  register  books  or  other  documents  shall,  on ceasing  to  hold  office,  deliver  up  such  books  and  documents  to  the person's successor.
2. The incumbent of an Anglican church or a registrar shall, as soon as the marriage register books 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.
3. The  Superintendent  Registrar  shall  keep  the  marriage  register  books delivered to the Superintendent Registrar under paragraph (2).

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 –

1. a copy of each entry of a birth, stillbirth and death made by the registrar in that quarter; and
2. 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 –

1. 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
2. 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 –

1. keep and, so often as may be necessary, have bound the copies delivered to the Superintendent Registrar under paragraph (1); and

2. 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 –

1. they shall be of durable material;
2. 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;
3. 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
4. every entry shall be divided from the following entry by a printed line.

20  Fees, etc.

Schedule 6 shall have effect to set –

1. the fees payable under the provisions of the Law there mentioned;
2. the sum payable under Article 8(3) of this Order; and
3. the fee payable under Article 17(4) of this Order.

21  Citation

This  Order  may  be  cited  as  the  Marriage  (Forms,  Registration  and  Fees) (Jersey) Order 2002.

SCHEDULE 1 (Article 2)

FORMS FOR SOLEMNIZATION OF MARRIAGE

PART 1 (Article 2(1))

NOTICE OF MARRIAGE

PART 2 (Article 2(2))

DECLARATION FOR MARRIAGE TO WHICH ARTICLE 4(2) OF THE LAW APPLIES

Declaration  made  under  Article  8(5)(b)  of  the  Marriage  and  Civil Status (Jersey) Law 2001, where the relationship of the parties to the marriage falls within the bounds of Article 4(1) of the Law but where the marriage may not be void if the conditions of Article 4(2) are met.

PART 3 (Article 2(3)) LICENCE

PART 4 (Article 2(4))

CERTIFICATE FOR SOLEMNIZATION OF MARRIAGE OUTSIDE JERSEY

PART 5

(Article 2(5)) MEDICAL STATEMENT

Statement to be made by a Registered Medical Practitioner Pursuant to Article 21(2) of the

Marriage and Civil Status (Jersey) Law 2001

SCHEDULE 2 (Articles 4(1), 6(1) and 7(1))

REGISTRATION OF MARRIAGE

PART 1 (Article 4(1))

MARRIAGE RETURN

PART 2

(Articles 6(1) and 7(1))

ENTRY IN MARRIAGE REGISTER BOOK

SCHEDULE 3 (Articles 10, 11 and 12)

REGISTRATION OF BIRTHS

PART 1 (Article 10(1) and (3))

PARTICULARS OF BIRTH AND ENTRY IN REGISTER

PART 2

(Article 11(2)) CERTIFICATE OF BAPTISMAL NAME

CERTIFICATE THAT A NAME WAS GIVEN IN BAPTISM

Issued pursuant to Article 58(3) of the Marriage and Civil Status (Jersey) Law 2001

PART 3 (Article 12(1))

SHORT BIRTH CERTIFICATE ISSUED BY REGISTRAR

PART 4 (Article 12(2))

SHORT BIRTH CERTIFICATE ISSUED BY SUPERINTENDENT REGISTRAR

SCHEDULE 4 (Articles 10 and 13)

REGISTRATION OF STILLBIRTHS

PART 1 (Article 10(2) and (4))

PARTICULARS OF STILLBIRTH AND ENTRY IN REGISTER

PART 2

(Article 13(1))

CERTIFICATE OF FACT AND CAUSE OF STILLBIRTH

MEDICAL CERTIFICATE OF STILLBIRTH ISSUED PURSUANT TO ARTICLE 61(3) OF THE MARRIAGE AND CIVIL STATUS (JERSEY) LAW 2001

PART 3 (Article 13(2))

CERTIFICATE OF REGISTRATION OF STILLBIRTH

SCHEDULE 5 (Articles 14 and 15)

REGISTRATION OF DEATHS

PART 1 (Article 14)

PARTICULARS OF DEATH AND ENTRY IN REGISTER

PART 2 (Article 15(1))

CERTIFICATE OF FACT AND CAUSE OF DEATH

PART 3

(Article 15(2))

CERTIFICATE OF REGISTRATION OF DEATH

Issued in conformity with Article 68 of the Marriage and Civil Status (Jersey) Law 2001

I the under signed Registrar of births, marriages and deaths for the parish of .. certify that on the day of 20 , I registered the  death  of  ..  aged ................ of .  who  died on the ... day of 20 and that the death has been registered in accordance with Article 62 of the Marriage and Civil Status (Jersey) Law 2001

This .day of .., 20 ,

Signature ... Registrar

N.B. The registrar shall, having registered the death, give this certificate, free of charge, to the funeral director or to the person having charge of the burial, who shall deliver it either to the minister officiating at the funeral service or to the person responsible for the burial of the body.

SCHEDULE 6 (Article 20)

FEES, ETC.4

1. Fees payable under the Law –

2. Sum payable under Article 8(3) of this Order  £2
3. Fee payable under Article 17(4) of this Order  £4

Marriage and Civil Status (Forms, Registration and Fees)

(Jersey) Order 2002  Endnotes

ENDNOTES

Table of Legislation History

Table of Renumbered Provisions

Table of Endnote References

1 This Order has been amended by the States of Jersey (Amendments and

Construction Provisions No. 7) (Jersey) Regulations 2005. The amendments replace all references to a Committee of the States of Jersey with a reference to a Minister of the States of Jersey, and remove and add defined terms appropriately, consequentially upon the move from a committee system of government to a ministerial system of government

2 chapter 12.600

3 chapter 12.600

4 Schedule 6  amended by R&O.179/2002, R&O.27/2007