Delegated Powers: Legal Assignment

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 15 December 2009 regarding delegation of ministerial authority to sign Deeds of Assignment.

Decision Reference: MD-S-2009-0072
Decision Summary Title :	DS - Delegated Power Legal Assignment		Date of Decision Summary:	10 December 2009
Decision Summary Author:	Policy Principal		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	WR - Delegated Power Legal Assignment		Date of Written Report:	10 December 2009
Written Report Author:	Policy Principal		Written Report : Public or Exempt?	Public
Subject: Delegation of Ministerial authority to sign Deeds of Assignment on behalf of the States of Jersey under the Temporary Insolvency Payments Scheme.
Decision(s): The Minister decided to delegate to the Chief Officer of the Social Security Department the authority to sign Deeds of Assignment (legal agreements) on behalf of the States of Jersey.
Reason(s) for Decision: An employee who qualifies under the Temporary Insolvency Scheme to a compensatory payment in lieu of their statutory period of notice on termination of employment (as set out in the Minister’s Report to the States - R.44/2009), must sign a legal document which will assign their right to the payment to the States, via the Minister for Social Security. This means that the States will take on the employee’s claim to the notice payment and will pursue the claim as a creditor when the proceeds of any remaining assets of the company are distributed amongst the creditors. To avoid undue delay in making payments to these employees, the authority has been delegated in order to allow the Chief Officer of the Social Security Department to sign Deeds of Assignment.
Resource Implications: There are no financial or manpower implications.
Action required: Chief Officer will sign deeds of assignment as required. Policy Principal will request Greffier of the States to arrange for item to be presented to the States.
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Delegated Powers: Legal Assignment

REPORT

Under Article 28 of the States of Jersey Law 2005 a Minister may delegate, wholly or partly, functions to an officer. On 11 December 2009, the Minister for Social Security made a Ministerial Decision (MD-S-2009-0072), available at http://www.gov.je/) delegating his authority to sign Deeds of Assignment on behalf of the States of Jersey under the provisions of the Report; “Insolvency: Temporary Scheme for compensatory Payment in lieu of statutory period of notice on termination of employment” (R.44/2009) (MD-S-2009-0017, available at http://www.gov.je/).

The terms of the delegation, and the legislation under which that delegation is made, are recorded below –

Introduction

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

The Law states that –

“(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.”

Delegation

In accordance with Article 28 of the States of Jersey Law 2005, the Minister for Social Security delegates his powers to sign Deeds of Assignment on behalf of the States of Jersey under the Temporary Insolvency Payments Scheme to the Chief Officer of the Social Security Department, Mr Richard Bell.