Customs and Excise (Jersey) Law 1999: Customs Records: Law Drafting Instructions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 7 December 2021

Ministerial decision reference: MD-HA-2021-0085
Decision summary title Law drafting instruction: Customs Records - Customs and Excise (Jersey) Law 1999
Decision summary author	Customs Brexit Legal & Policy Principal	Is the decision summary public or exempt?		Public
Report title Law drafting instruction: Customs Records - Customs and Excise (Jersey) Law 1999
Report author or name of person giving report	Customs Brexit Legal & Policy Principal	Is the report public or exempt?		Exempt: Article 35 of FOI Law
Decision and reason for the decision: The Minister for Home Affairs authorised officers to liaise with the Principal Legislative Drafter to request the preparation of a draft Order to amend the Customs and Excise (Jersey) Law 1999. On the 26 November 2018, the UK Government and Government of Jersey entered into an Arrangement concerning the establishment and operation of the United Kingdom-Crown Dependencies customs union (“the customs union”). Paragraph 10 of the Arrangement requires the members of the customs union to keep their Customs Law correspondent with that of the United Kingdom and to legislate to maintain that correspondence whenever necessary - in particular, when changes are made in relevant United Kingdom Customs Law. Powers conferred by the European Union Legislation (Customs Union, Import and Export Control) (Jersey) Regulations 2018 (the ‘’Regulations’’), which came into force on the 13th December 2018, allowed the appropriate Minister under Regulation 2(1) to make provision by Order in accordance with the Regulation for the purposes of the implementation of the Arrangement including paragraph (iii) maintaining correspondence with the Customs Law of the United Kingdom. Article 6(1)(A) enables the Minister for Home Affairs to amend the Law by Order pursuant to the above Regulations. These law drafting instructions shall amend Articles 25(5) and 35(5) of the Law that provide for records (any information) to be retained for 3 years from the time of importation or exportation of any goods, from 3 years to 6 years and make provision for the keeping of records (any information) for a period less than 6 years as may be required under direction of the Agent of Impôts. These Law drafting instructions ensure that the Government of Jersey corresponds with the Arrangement.
Resource implications: There are no financial or manpower implications arising from this decision.
Action required: The Law Draftsman is requested to arrange for the preparation of the necessary legislation to give effect to the Law drafting instruction set out in the Report.
Signature			Position Deputy Gregory Guida Minister for Home Affairs
Date signed			Effective date of the decision