Residential Tenancy (Supply of Services) (Jersey) Order 2013

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 4 September 2013:

Decision Reference: MD-H-2013-0060
Decision Summary Title :	Residential Tenancy (Supply of Services) (Jersey) Order 2013		Date of Decision Summary:	7 August 2013
Decision Summary Author:	Policy Principal		Decision Summary: Public or Exempt? (If exempt, state clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Oral		Person Giving Oral Report:	Policy Principal
Written Report Title :			Date of Written Report:	7 August 2013
Written Report Author:	Policy Principal		Written Report : Public or Exempt? (If exempt, state clauses from Code of Practice booklet)	Public
Subject: Residential Tenancy (Supply of Services) (Jersey) Order 201 -
Decision(s): The Minister made the Residential Tenancy (Supply of Services) (Jersey) Order 2013
Reason(s) for Decision: The Minister approved the Order that imposes restriction and obligations upon the re-supply of services to a residential tenant. The Minister decided that services should include not only electricity and gas supplies, which were regulated in the United Kingdom, but should include water, drainage or any other service supplied. The Minister did not believe it merited distinguishing between different utility services if the tenant was being unfairly charged. The Order was clear on the process to be adopted for metered and unmetered supplies and where service charges were made for communal areas and amenities. It dealt also with standing charges, if any. Finally, the Order made it an offence punishable by a fine for a reseller to fail to comply with any provision of Articles 2, 3 or 4. The Order will come into force on 1st September 2013.
Resource Implications: There are no financial or manpower implications.
Action required: Notify the Greffier of the States and the Law Draftsman that the Order has been made and forward the signed and sealed Order to the Publications Editor, States Greffe for notification to the States.
Signature: Deputy Andrew Green MBE		Position: Minister for Housing
Date Signed:		Date of Decision (If different from Date Signed):