States Utilities, Andium Homes and Jersey Development Company: Delegation of Shareholder duties to Assistant Minister for Treasury and Resources during election period

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A decision made 6 October 2014:

Decision Reference: MD-TR-2014-0115
Decision Summary Title:	Treasury and Resources Delegated Authority – October 2014		Date of Decision Summary:	3 October 2014
Decision Summary Author:	Treasurer of the States		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title:	Treasury and Resources Delegated Authority – October 2014		Date of Written Report:	3 October 2014
Written Report Author:	Treasurer of the States		Written Report : Public or Exempt?	Public
Subject: Delegation of all Ministerial Shareholder duties in relation to States Utilities, Andium Homes and SoJDC during election period
Decision(s): The Minister decided to delegate to the Assistant Minister, Treasury and Resources all shareholder duties in relation to the States Utilities, Andium Homes and SoJDC during the period until a new Minister for Treasury and Resources is appointed in 2014.
Reason(s) for Decision: Under Article 28 of the States of Jersey Law a Minister may delegate, wholly or partly, functions conferred upon them by any Law to either an Assistant Minister or an officer.
Resource Implications: None.
Action required: The Greffier of the States to be requested to arrange for the attached delegation to be presented to the States at the earliest opportunity.
Signature:		Position: Senator P F C Ozouf, Minister for Treasury and Resources
Date Signed:		Date of Decision:

States Utilities, Andium Homes and Jersey Development Company: Delegation of Shareholder duties to Assistant Minister for Treasury and Resources during election period

Treasury and Resources

Ministerial Decision Report

Treasury and Resources delegated Authority – Oct 2014

On 6 October 2014 the Minister for Treasury and Resources made a Ministerial Decision delegating certain of his functions under Article 28 of the States of Jersey Law 2005 (MD-TR-2014-0115, available at www.gov.je).

The terms of the delegations, and the legislation under which those delegations were made, were recorded in a Report attached to the Ministerial Decision, as shown below –

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Article 28 of the States of Jersey Law 2005 permits a Minister to delegate, wholly or partly, functions to an Assistant Minister or an officer.

The Law states, inter alia –

“28 Power of Minister to delegate functions

(1) A Minister may delegate, wholly or partly, functions conferred upon or vested in the Minister by or under this Law or any other enactment or any enactment of the United Kingdom having effect in Jersey, to –

(a) one of his or her Assistant Ministers;

(b) an officer.

(2) A Minister shall not delegate –

(a) any power to make an enactment;

(b) any power to decide an appeal under an enactment;

(3) The delegation of functions by a Minister under this Article shall not prevent the Minister exercising those functions personally.

(4) Where any licence, permit or authorization is granted in purported exercise of functions delegated under paragraph (1), no criminal proceedings shall lie against any person for any act done, or omitted to be done, in good faith and in accordance with the terms of the licence, permit or authorization, by reason that the functions had not been delegated, or that any requirement attached to the delegation of the functions had not been complied with.

(5) In this Article –

“Minister” includes the Chief Minister;

“officer” means a States’ employee within the meaning of the Employment of States of Jersey Employees (Jersey) Law 2005 and includes a member of the States of Jersey Police Force and an officer appointed under paragraph 1(1) of Part 1 of Schedule 2 to the Immigration Act 1971 as extended to Jersey by the Immigration (Jersey) Order 1993.

(6) The States may by Regulations amend the definition “officer” in paragraph (5).”

1 Shareholder functions

Delegate:	Assistant Minister for Treasury and Resources.
Function delegated and scope of delegation:	The Minister decided to delegate to the Assistant Minister, Treasury and Resources all shareholder duties in relation to the States Utilities, Andium Homes and SoJDC during the period until a new Minister for Treasury and Resources is appointed in 2014.