Long-Term Care Scheme Legislation: Delegation of 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 1 August 2014:

Decision Reference: MD-S-2014-0102
Decision Summary Title :	Delegated powers in respect of the introduction of the Long -Term Care scheme		Date of Decision Summary:	1 August 2014
Decision Summary Author:	Policy & Strategy Director		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Delegated powers in respect of the introduction of the Long -Term Care scheme		Date of Written Report:	1 August 2014
Written Report Author:	Policy & Strategy Director		Written Report : Public or Exempt?	Public
Subject: Delegated powers in respect of the introduction of the Long -Term Care scheme
Decision(s): The Minister, in accordance with Article 28 of the States of Jersey Law 2005, has delegated powers vested in him as follows: Legislation: Long-Term Care (General Provisions) (Jersey) Order 2014, Article 12. Delegate: Controller of the Social Security Department and, in his/her absence, the Director of Contributions, Enforcement and Contributory Benefits. Function delegated: The power to appoint, suspend, and remove approved registered persons who may make assessments for the purposes of article 5 or article 7 of the Long-Term Care (Jersey) Law 2012, or both. Legislation: Long-Term Care (General Provisions) (Jersey) Order 2012, Article 13. Delegate: Controller of the Social Security Department and, in his/her absence, the Director of Contributions, Enforcement and Contributory Benefits. Function delegated: The power to approve, suspend approval, and revoke approval in respect of an approved care home under the Long-Term Care (Jersey) Law 2012. Legislation: Long-Term Care (Jersey) Law 2012, Article 8. Delegate: Controller of the Social Security Department and, in his/her absence, the Director of Contributions, Enforcement and Contributory Benefits. Function delegated: The power to appoint Determining Officers for the determination of any question arising under or in connection with this Law, including any claim for benefit. Legislation: Social Security Hypothec (Jersey) Law 2014, Article 2. Delegate: Director of Contributions, Enforcement and Contributory Benefits, Manager for Contributory Benefits, Team Leader for long-term care benefits Function delegated: The power to submit an application to the Judicial Greffier to register a Social Security hypothec in the public registry. The power to give notice of the registration of the Social Security hypothec to the debtor. Legislation: Social Security Hypothecs (Jersey) Law 2014, Article 4. Delegate: Finance and Governance Director , Finance Manager, Finance Team Leader Function delegated: The power to cancel a Social Security hypothec, following its extinguishment. The power to provide notice to the Judicial Greffier of the extinguishment of the debt. Legislation: Social Security Hypothecs (Jersey) Law 2014, Article 5 and Royal Court (Jersey) Law 1948 Article 13 Delegate: Contributions, Enforcement and Contributory Benefits Director, Contributory Benefits Manager, Long-term care benefits Team Leader Function delegated: The power to submit an application to the Judicial Greffier to register a Social Security hypothec in the public registry. The power to execute the form of notification of the Social Security hypothec. Legislation: Social Security Hypothecs (Jersey) Law 2014, Article 5 and Royal Court (Jersey) Law 1948 Article 13 Delegate: Finance and Governance Director , Finance Manager, Finance Team Leader Function delegated: The power to provide written confirmation to the Judicial Greffier of the extinguishment of the debt.
Reason(s) for Decision: To provide legal authority to Departmental officers in order that they can carry out the daily functions required to implement the Long-Term Care scheme.
Resource Implications: None
Action required: Business Manager to request the Greffier of the States to arrange for the accompanying report to be presented to the States as soon as practicable.
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Long-Term Care Scheme Legislation: Delegation of Functions

Social Security

Ministerial Decision Report

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.”

Legislation: Long-Term Care (General Provisions) (Jersey) Order 2014, Article 12.

Delegate: Controller of the Social Security Department and, in his/her absence, the Director of Contributions, Enforcement and Contributory Benefits.

Function delegated: The power to appoint, suspend and remove approved registered persons who may make assessments for the purposes of article 5 or article 7 of the Long-Term Care (Jersey) Law 2012, or both.

Legislation: Long-Term Care (General Provisions) (Jersey) Order 2012, Article 13.

Delegate: Controller of the Social Security Department and, in his/her absence, the Director of Contributions, Enforcement and Contributory Benefits.

Function delegated: The power to approve, suspend approval, and revoke approval in respect of an approved care home under the Long-Term Care (Jersey) Law 2012.

Legislation: Long-Term Care (Jersey) Law 2012, Article 8.

Delegate: Controller of the Social Security Department and, in his/her absence, the Director of Contributions, Enforcement and Contributory Benefits.

Function delegated: The power to appoint Determining Officers for the determination of any question arising under or in connection with this Law, including any claim for benefit.

Legislation: Social Security Hypothec (Jersey) Law 2014, Article 2.

Delegate: Director of Contributions, Enforcement and Contributory Benefits, Manager for Contributory Benefits, Team Leader for long-term care benefits

Function delegated:

The power to submit an application to the Judicial Greffier to register a Social Security hypothec in the public registry.

The power to give notice of the registration of the Social Security hypothec to the debtor.

Legislation: Social Security Hypothecs (Jersey) Law 2014, Article 4.

Delegate: Finance and Governance Director, Finance Manager, Finance Team Leader

Function delegated:

The power to cancel a Social Security hypothec, following its extinguishment.

The power to provide notice to the Judicial Greffier of the extinguishment of the debt.

Legislation: Social Security Hypothecs (Jersey) Law 2014, Article 5 and Royal Court (Jersey) Law 1948 Article 13

Delegate: Contributions, enforcement and contributory benefits director, Contributory benefits Manager, Long-term care benefits Team Leader

Function delegated:

The power to submit an application to the Judicial Greffier to register a Social Security hypothec in the public registry.

The power to execute the form of notification of the Social Security hypothec.

Legislation: Social Security Hypothecs (Jersey) Law 2014, Article 5 and Royal Court (Jersey) Law 1948 Article 13

Delegate: Finance and Governance Director, Finance Manager, Finance Team Leader

Function delegated:

The power to provide written confirmation to the Judicial Greffier of the extinguishment of the debt.