Health and Social Services: Fee increases prescribed under various legislation to support establishment of Care Commission: Law drafting instructions

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A decision made 22 October 2015:

Decision Reference: MD-HSS-2015-0036
Decision Summary Title :	Fee increases to support establishment of Care Commission		Date of Decision Summary:	19 October 2015
Decision Summary Author:	Head of Professional and Care Regulation		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	-
Written Report Title :	Fee increases to support establishment of Care Commission		Date of Written Report:	7 October 2015
Written Report Author:	Head of Professional and Care Regulation		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Fee increases to support establishment of Care Commission.
Decision(s): The HSSD Minister has decided: 1) in accordance with Financial Directions 4.1, to request that the Minister for Treasury and Resources approves fee increases above the 2.5% anti-inflationary target. These increases relate to fees prescribed under: Nursing and Mental Nursing Homes (General Provisions) (Jersey) Order 1995; Residential Homes (General Provisions) (Jersey) Order 1995; Nursing Agencies (General Provisions) (Jersey) Order 1978; Piercing and Tattooing (Jersey) Law 2002 2) To request the Law Draftsman to draft the Orders necessary to enable the increase in these fees, subject to approval being received by the Treasury and Resources Minister.
Reason(s) for Decision: The Regulation of Care (Jersey) Law 2014 provides for the establishment of a Health and Social Care Commission to oversee the regulation of health and social care activities on the Island. That Commission must be appointed in Shadow form before that Law can be fully implemented. The costs associated with establishing a shadow Commission in 2016 are £27,770 and these costs, like all additional costs associated with the new regulatory regime, must be met through fees paid by regulated services, providing these fees are proportionate (in accordance with the States decision in relation to P94/2014). The fees currently charged by the HSSD Minister under the Nursing and Mental Nursing Homes (General Provisions) (Jersey) Order 1995; Residential Homes (General Provisions) (Jersey) Order 1995; Nursing Agencies (General Provisions) (Jersey) Order 1978 and therefore to be increased. In addition, fees will be levied for the first time under the Piercing and Tattooing (Jersey) Law 2002. Whilst that law provides for registration and renewal fees no charge has been met to date. The fee increases, as set out on the attached report are significantly more than 2.5%, however they are still proportionate in that: whilst they help met the additional costs incurred by the shadow Commission, they do not cover the full cost of regulatory services, the majority of which is still borne by the States of Jersey; the fees for tattooing and piecing are comparable with the mid-range of fees charged by UK Local Authorities and the fees charged to other agencies and practitioners remain significantly below UK fees.
Resource Implications: There are no known resource implications for the States of Jersey
Action required: Treasury and Resources Minister to give consideration to fee increases. Officers to forward the necessary information to the Law Draftsman to support preparation of the necessary Orders.
Signature:		Position: Minister for Health and Social Services
Date Signed:		Date of Decision (If different from Date Signed):