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Community Provisions (Restrictive Measures - Iran) (Jersey) Order 2012: Delegation of Functions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 25 September 2014:

Decision Reference:  MD-ER-2014-0029

Decision Summary Title :

Delegation of functions – Iran sanctions

Date of Decision Summary:

3 September 2014

Decision Summary Author:

 

External Relations

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 function – authorisation of actions in connection with Iran sanctions

Date of Written Report:

3 September 2014

Written Report Author:

External Relations

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:  Delegation of functions – Iran sanctions

Decision(s): The Minister for External Relations decided:

 to delegate, in accordance with Article 28 of the States of Jersey Law 2005 and Article 7 of the Community Provisions (Restrictive Measures – Iran) (Jersey) Order 2012, his functions in respect of the authorisation of certain actions in pursuance of Council Regulation (EU) No 267/2012, as amended, concerning restrictive measures against Iran, as set out in the attached report dated 3 September 2014;

 to validate all such authorisations that had been given since 10 September 2013 under the Chief Minister’s delegation.

Reason(s) for Decision:

The government of Jersey has implemented sanctions measures in respect of Iran which are consistent with those of the European Union.  In accordance with those measures the Minister for External Relations is permitted to authorise certain actions, subject to the provisions of Regulation 267/2012 as amended.  It is expedient in the interests of efficient government to delegate those functions to authorised officials.

The function of authorising such actions had previously been delegated by the Chief Minister before statutory responsibility for the sanctions legislation was transferred to the Minister for External Relations.

Resource Implications:  There are no resource implications arising from this delegation.

Action required: External Relations to inform the Greffe of the delegation of functions and to request that the Report is presented to the States.

Signature:

 

Position: 

 

Minister for External Relations

Date Signed:

 

Date of Decision (If different from Date Signed):

 

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