Health Care (Registration) (Jersey) Law 1995: Extending Delegation of Ministerial Functions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 16 September 2013:

Decision Reference: MD-HSS-2013-0029
Decision Summary Title :	Health Care (Registration) (Jersey) Law 1995 – Extending Delegated Functions to MOH		Date of Decision Summary:	9 August 2013
Decision Summary Author:	Medical Officer of Health		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	-
Written Report Title :	Extending Delegated Functions to Medical Officer of Health		Date of Written Report:	9 August 2013
Written Report Author:	Registration and Inspection Manager		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Health Care (Registration)(Jersey) Law 1995 – Extending Delegation of Ministerial Functions to the MOH
Decision(s): Under the Article 28 of the States of Jersey Law 2005, the Minister for Health and Social Services has delegated the power under Article 6(1)(b) and 6(2) of the Health Care (Registration) (Jersey) Law 1995 to the Medical Officer of Health to: (i) attach conditions to the registration and renewal of registration of any person (ii) where an application for registration is granted subject to conditions, furnish the applicant with a statement in writing of the Minister’s reasons for so doing
Reason(s) for Decision: To enable those registered under the Jersey Law, by virtue of registration with a UK regulatory body to be subject to the same sanctions when these are applied to an individual by the UK regulator
Resource Implications: None
Action required: Present a report to the States outlining the new delegations. Update H&SSD list of delegated functions
Signature:		Position: Minister for Health and Social Services
Date Signed:		Date of Decision (If different from Date Signed):