Motor Traffic (Third Party Insurance) (Cost Recovery) (Jersey) Regulations 201-

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

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 23 November 2012:

Decision Reference: MD-T-2012-0089

Decision Summary Title :

Motor Traffic (Third- Party Insurance) (Cost Recovery) (Jersey) Regulations 201-

Date of Decision Summary:

13 November 2012

Decision Summary Author:

Head of DVS &

Inspector of Motor Traffic

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 :

Motor Traffic (Third- Party Insurance) (Cost Recovery) (Jersey) Regulations 201-

Date of Written Report:

13 November 2012

Written Report Author:

Head of DVS &

Inspector of Motor Traffic

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Motor Traffic (Third-Party Insurance) (Cost Recovery) (Jersey) Regulations 201-

Decision(s): The Minister agreed :-

to support the Minister for Health and Social Services in proposing the Motor Traffic (Third Party Insurance) (Cost Recovery) (Jersey) Regulations 201- to the States;
subject to receipt of a suitable draft, to make the Motor Vehicles (International Motor Insurance Card) (Amendment No. 3) (Jersey) Order 201- at the appropriate time.

Reason(s) for Decision: To allow procedures to be put in place for recovery of the costs of treating persons injured in road traffic accidents.

Resource Implications: There are no resource implications for TTS.

Action required: The Department to confirm to Health and Social Services the Minister’s support for the proposed Regulations.

Signature:

Position:

Date Signed:

Date of Decision (If different from Date Signed):

Motor Traffic (Third Party Insurance) (Cost Recovery) (Jersey) Regulations 201-

TRANSPORT AND TECHNICAL SERVICES DEPARTMENT

DVS UNIT

MOTOR TRAFFIC (THIRD PARTY INSURANCE) (COST RECOVERY)

(JERSEY) REGULATIONS 201-

Purpose of the Report

To confirm that the Minister for Health and Social Services has consulted the Minister on proposed Regulations made under the Motor Traffic (Third Party Insurance) (Jersey) Law 1948, to be put to the States that will set out the procedures to be followed by Health and Social Services (HSS) for the recovery of the costs of treating a person injured in, or who dies following, a road traffic accident.

Assuming the States adopt these draft Regulations, this will enable HSS to recover costs from insurance companies for ambulance service and hospital treatment related to road traffic accidents generating expected recurring HSS income in the region of £250,000 per annum and permit the Minister for Health and Social Services to change, by Order, the amounts to be charged.

Background

The Minister is generally responsible for the Motor Traffic (Third Party Insurance) (Jersey) Law 1948. In May 2012, following approval by the Privy Council, the Motor Traffic (Third Party Insurance) (Amendment No.12) (Jersey) Law 2012 came into effect. The amendment allows the States, by Regulation, to set out the procedures to be followed by the Minister for HSS to determine and recover costs for treating a person injured in, or who dies following a road traffic accident, from motor insurers.

Draft Regulations have been prepared as per the attached Motor Traffic (Third Party Insurance) (Cost Recovery) (Jersey) Regulations 201-. Supporting Orders will also have to be made.

Discussion

As part of the consultation process, the Minister attended a presentation on 16 November 2012, where representatives from HSS and the Law Draftsman explained the reasons for the Motor Traffic (Third Party Insurance) (Cost Recovery) (Jersey) Regulations 201- and procedures set out therein.

For the purposes of the draft Regulations, the “Minister” is the Minister for Health and Social Services and all the administration resulting from the Regulations, should they be adopted, will lie with the Minister for HSS. This being the case, it is expected that the Minister for HSS will lodge and present the Proposition for the Regulations. It is understood the Proposition will be lodged on 30 November with a view to debating the Regulations on 15 January 2013.

There are to be two supporting Orders that will have to be made to coincide with the Regulations coming into force. The Motor Traffic (Third Party Insurance) (Expenses Limits) (Jersey) Order 201- will be made by the Minister for HSS under Article 3(2B) of the Law, after consultation with the Minister. The Motor Vehicles (International Motor Insurance Card) (Amendment No. 3) (Jersey) Order 201- is necessary to ensure that costs can be recovered where a driver is insured by green card. This Order will have to be made by the Minister.

The Law Draftsman is preparing these Orders and the latter will be presented in due course for the Minister to sign and seal.

Recommendation

The Minister is asked to:-

Support the Minister for HSS in proposing the Motor Traffic (Third Party Insurance) (Cost Recovery) (Jersey) Regulations 201- to the States;
Agree, subject to receipt of a suitable draft, to make the Motor Vehicles (International Motor Insurance Card) (Amendment No. 3) (Jersey) Order 201- at the appropriate time.

Reason For Decision

To allow procedures to be put in place for the recovery of the costs of treating persons injured in road traffic accidents.

Action Required

The Department to confirm to Health and Social Services the Minister’s support for the proposed Regulations.

Written by: Head of Driver & Vehicle Standards, Inspector of Motor Traffic

Approved by: Director of Transport

Attachments: Draft Motor Traffic (Third Party Insurance) (Cost Recovery) (Jersey) Regulations 201-