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Regulation of Undertakings and Development - delegated authority

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (15.02.06) to delegate the signing of licences under the Regulations of Undertakings and Development (Jersey) law 1973 to the Director and Senior Officer.

 

 

Subject:

Regulation of Undertakings & Development Law 1973 Delegated Authority

Decision Reference:

MD-E-2006-0019

Exempt clause(s):

 

Type of Report:

(oral or written)

Oral

Person Giving Report (if oral):

Wayne Gallichan

Telephone or

e-mail Meeting?

 

Report

File ref:

RUD Application Signing Authority

Written report – Title

 

Written report – Author

(name and job title)

 

Decision: In relation to applications under the Regulation of Undertakings and Development (Jersey) Law 1973 placed before the Minister for consideration, once the decision of the Minister has been correctly recorded, to delegate the signing of the licence to be issued to the Director, Regulation of Undertakings and Development or in his absence, to the Senior Officer.

Reason(s) for decision: It is necessary for the Minister to approve delegation of statutory and administrative functions to officers so that they are authorised to carry out relevant functions. In the Committee system, it was common for the Greffier of the States to sign licences on behalf of Committees. This is no longer appropriate in the Ministerial system. The Minister considers that the function of signing licences should be delegated to the appropriate officers.

Action required:

Signature:

Senator Philip Ozouf

(Minister for Economic Development)

Date of Decision:

 

 

 

 

 

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