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Education (Discretionary Grants - General ) (Jersey) Order and Education (Discretionary Grants - Amounts) (Jersey) Order: Amendments - 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 11 June 2015:

Decision Reference:  MD-ESC-2015-0011

Decision Summary Title):

Student Grants: Change to General and Amounts Orders

Date of Decision Summary:

28th May 2015

Decision Summary Author:

 

Andy Gibbs

Head of Lifelong Learning & Skills

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title:

Higher Education Funding & Higher Education Funding Criteria

Date of Written Report:

18th October 2013 &

7th October 2014

Written Report Author:

Andy Gibbs, Head of Lifelong Learning & Skills

Written Report :

Public or Exempt?

 

Exempt

FOI exemption Q42

Subject: Education (Discretionary Grants – General) (Jersey) Order 20__ - amendment to residency criteria, up-dating and addressing anomalies.

Education (Discretionary Grants – Amounts) (Jersey) Order 20__ - capping the maximum fee paid by the States of Jersey

Decision(s):  The Minister agreed to the change outlined in the paper “Higher Education Funding Criteria” amending the period of residency required for those holding Entitled status to one year and requested the Law Draftsman to prepare draft revised Orders.

Reason(s) for Decision:  The Education (Jersey) Law 1999 empowers the Minister ‘by order’ to make grants for students following programmes of higher education. The Orders describe the amount of States support available, how the level of support is assessed, the terms and conditions under which it is available and the criteria which students and their families must meet to be eligible. Periodically the General Orders are reviewed to ensure that they reflect the changing environment of higher education and to address any anomalies that have arisen. It was agreed to change the eligibility criteria used for higher education funding to reflect recent changes to the categories of residential status used on the Island. The capping of the States of Jersey’s contribution to tuition fees was agreed in 2013 for implementation for the academic year 2015/16.

Resource Implications:  Law drafting time.

 

Action required:  To request the Law Draftsman to prepare a draft Education (Discretionary Grants – General) (Jersey) Order 20__  and Education (Discretionary Grants – Amounts) (Jersey)  Order 20__  

 

Signature:

 

 

Position:

Minister for Education, Sport and Culture

 

Date Signed:

 

 

Date of Decision:

 

 

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