Police Force (General Provisons) (Jersey) Order 1974: Article 4(2): Delegation of Function

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

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The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 8 March 2013:

Decision Reference: MD-HA-2013-0013
Decision Summary Title :	Delegation re probation for Police Constables		Date of Decision Summary:	4 March 2013
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 :	Delegation re probation for Police Constables		Date of Written Report:	4 March 2013
Written Report Author:	Executive Officer Home Affairs		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Home Affairs Minister – delegation of function under Article 4(2) of the Police Force (General Provisions) (Jersey) Order 1974.
Decision(s): The Minister delegated authority to the Chief Officer, States of Jersey Police, to dispense with the services of police constables during their period of probation where they are not fitted physically or mentally to perform the duties of their office or are not likely to become an efficient and well-conducted police constable.
Reason(s) for Decision: The Chief Officer, States of Jersey Police already has the functions under Article 4(1) of the Police Force (General Provisions) (Jersey) Order 1974 delegated to him, in relation to the extension, reduction or dispensing with periods of probation. The Police management are best placed to determine whether or not a probationary officer is likely to be able to perform their duties and the Minister feels it is appropriate that this function should be delegated to the Chief Officer.
Resource Implications: Nil.
Action required: The Executive Officer Home Affairs to inform the Chief Officer, States of Jersey Police that he has delegated authority as described above; to notify the Chief Minister’s Department of the delegation in order that it may be recorded in the central register of delegations; and to request the Greffier of the States to arrange for the delegation to be presented to the States.
Signature:		Position: Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed):