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Information and public services for the Island of Jersey

L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Financial Services (Disclosure and Provision of Information) (Jersey) Law 2020: Amendment: Law drafting instructions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 20 February 2023:

Decision Reference:  MD-ER-2023-94

Public

Subject: Drafting Instructions: amendment to the Financial Services (Disclosure and Provision of Information) (Jersey) Law 2020

 

Report Title: Drafting Instructions: amendment to the Financial Services (Disclosure and Provision of Information) (Jersey) Law 2020

Exempt (Article 35)

Decision(s):

The Assistant Minister decided to request legislative drafting for an Order pursuant to Article 21 of the Financial Services (Disclosure and Provision of Information) (Jersey) Law 2020.

Reason for Decision(s):

The proposed Order will prescribe a further category of persons, namely a creditor, as being able to apply for the reinstatement of a company struck off under the Financial Services (Disclosure and Provision of Information) (Jersey) Law 2020.

Resource Implications: There are no new financial and/or manpower implications

 

Action Required: Officers to request the Principal Legislative Drafter to draft the necessary legislation.

Signature:

 

 

Signed By: Assistant Minister for External Relations and Financial Services

Date Signed:

 

20th February 2023

Date of Decision (If different from Date Signed):

 

 

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