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Information and public services for the Island of Jersey

L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Health and Social Services: Delegation of Functions: Updated September 2014

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there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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

Decision Reference:       MD-HSS-2014-0036

Decision Summary Title :

Gift Fund Payments

Date of Decision Summary:

3 September 2014

Decision Summary Author:

 

Financial Accountant

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title :

Delegation of authorisation of gift fund payments

 

Date of Written Report:

3 September 2014

Written Report Author:

Financial Accountant

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:

Delegation of authorisation of gift fund payments, States of Jersey Law 2005.

Decision(s):

In accordance with Article 28 of the States of Jersey Law 2005 the Minister delegated the power to authorise payments made from HSSD Gift Funds to the Chief Officer of the Department.

Reason(s) for Decision:

To ensure effective and efficient administration of Departmental Gift Funds.

Resource Implications:

None.

Action required:

To request the Greffier of the States to present the attached updated list of delegations to the States Assembly.

Signature:

Position:

Minister for Health and Social Services

 

 

Date Signed:

 

 

Date of Decision:

 

 

Hide report
Delegated Authority to Health and Social Services Chief Officer for Gift Funds

Health and Social Services Department (HSSD)

Ministerial Decision Report

 

 

Delegation of authorisation of gift fund payments

1. Purpose of Report

The purpose of this report is to propose that the Minister of HSSD delegate the power of management of the HSSD gift funds in line with the scheme of delegation.

2. Background

 

Article 28 of the States of Jersey Law 2005 enables a 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;

(c) any function the delegation of which is prohibited by an enactment.

 

(3) The delegation of functions by a Minister under this Article shall not prevent the Minister exercising those functions personally.

 

Definition –

“officer” means a person employed under the Civil Service Administration (Jersey) Law 1948 whose duties are wholly or mainly administrative, professional, technical or clerical and includes a member of the States of Jersey Police Force and an officer appointed under paragraph 1(1) of Part 1 of Schedule 2 to the Immigration Act 1971 as extended to Jersey by the Immigration (Jersey) Order 1993.

3. Delegation

 

HSSD receives donations and bequests (“Gift Funds”) to assist in the department’s aim of promoting health and social wellbeing for the whole community, providing prompt services to all and protecting the interests of the frail and vulnerable.

 

Under the Trusts (Jersey) Law 1984 these Gift Funds may constitute a Trust where there is a specific instruction to this effect, either in writing or by oral declaration.

 

Whether a Trust or not, a Gift Fund may be the responsibility of the Minister or the Chief Officer of the Department (depending on the terms of the gift).

 

In order to manage gift funds effectively it is proposed that the Minister delegate her powers in respect of any existing or future Gift Funds to the Chief Officer who will make further delegations documented in the Department’s scheme of delegation.

 

3. Recommendation

 

The Minister is recommended to delegate the power to authorise payments made from the HSSD Gift Funds to the Chief Officer.

 

It is noted that the Chief Officer intends to further delegate authority over payments from Gift Funds to departmental staff in line with the scheme of delegation.

 

4. Reason for Decision

 

To ensure effective and efficient administration of Departmental Gift Funds.

 

5. Resource Implications

 

None.

 

 

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