Motor Traffic (Third Party Insurance) (Cost Recovery) (Jersey) Regulations 201-

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 7 December 2012:

Decision Reference: MD-HSS-2012-0040
Decision Summary Title :	Motor Traffic (Third Party Insurance) (Cost Recovery) (Jersey) Regulations 201-		Date of Decision Summary:	27 November 2012
Decision Summary Author:	Assistant Director, Ministerial Support		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 :	Motor Traffic (Third Party Insurance) (Cost Recovery) (Jersey) Regulations 201-		Date of Written Report:	27 November 2012
Written Report Author:	Assistant Director, Ministerial Support		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Motor Traffic (Third Party Insurance) (Cost Recovery) (Jersey) Regulations 201-
Decision(s): The Minister approved the draft regulations and decided to lodge them “au Greffe”.
Reason(s) for Decision: These draft regulations will put in place the procedures required to enable cost recovery charges for hospital and ambulance treatment, resulting from road traffic accidents, to be varied, in the event of a successful third-party motor insurance claim. This is in accordance with the States decision relating to P134/2011. This will enable HSSD to recoup, from insurance companies, more of the costs incurred when providing treatment following a road traffic accident.
Resource Implications: The financial benefit of cost recovery income for HSSD is expected to be in the region of £100,000 - £250,000 per annum based on Minister for Health and Social Services making an Order which sets the maximum charges in line with current UK tariff. The cost of processing cost recovery is anticipated being in the region of £2,400 per year.
Action required: The Greffier of the States to be requested to arrange for the draft Regulations to be lodged au Greffe for debate by the States Assembly.
Signature:		Position: Minister for Health and Social Services
Date Signed:		Date of Decision (If different from Date Signed):