Capacity and Self Determination (Jersey) Law 2016: Ministerial Delegation of Authority to Officers

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 11 February 2021

Decision Reference: MD-HSS-2021-0013
Decision Summary Title :	Health and Community Services – Ministerial Delegation of Authority to officers for the Capacity and Self-Determination (Jersey) Law 2016		Date of Decision Summary:	11 February 2021
Decision Summary Author:	Capacity Law & Mental Health Law Administrator		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Oral		Person Giving Oral Report:	Capacity Law & Mental Health Law Administrator
Written Report Title :	N/A		Date of Written Report:	N/A
Written Report Author:	N/A		Written Report : Public or Exempt?	N/A
Subject: To delegate to the Capacity Law & Mental Health Law Administrator or deputy the function to designate a ‘relevant place’ pursuant to Article 37(3) Capacity and Self-Determination (Jersey) Law 2016.
Decision(s): The Minister, having been briefed of the requirements by his officers, approved delegation of responsibility for the Ministerial function of designating a ‘relevant place’, pursuant to Article 37 (3) Capacity and Self-Determination (Jersey) Law 2016.
Reason(s) for Decision: To allow the smooth running of the process for applying for a Significant Restriction on Liberty authorisation pursuant to the Capacity and Self-Determination (Jersey) Law 2016.
Resource Implications: There are no resource implications.
Action required: No action required.
Signature:		Position: Minister for Health & Social Services
Date Signed:		Date of Decision: 11 February 2021