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L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Social Security (Amendment No.20) (Jersey) Law 2012 - Appointed Day Act: Law Drafting Instructions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 14 August 2012:

Decision Reference:  MD-S-2012-0063

Decision Summary Title :

DS Insolvency Draft App Day Act

Date of Decision Summary:

7 August 2012

Decision Summary Author:

Policy Principal

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

WR Insolvency Draft App Day Act

Date of Written Report:

7 August 2012

Written Report Author:

Policy Principal

Written Report :

Public or Exempt?

 

Public

Subject: Law drafting instruction - Appointed Day Act, Social Security (Amendment No. 20) (Jersey) Law, 2012.

Decision(s): The Minister decided to instruct the Law Draftsman’s Office to prepare an Appointed Day Act that would bring into force the Social Security (Amendment No. 20) (Jersey) Law, 2012, on 1 December 2012.

Reason(s) for Decision: This amendment to the Social Security (Jersey) Law, 1974 will introduce an Insolvency Benefit that will provide a basic minimum standard of protection for redundant employees where their employment has ended due to their former employer’s bankruptcy. The Minister intends to lodge the Appointed Day Act by 11 September 2012, for States debate in October.

Resource Implications: There are no financial or manpower implications arising from the law drafting instructions or the proposed Appointed Day Act.  In the short term, the benefit will be funded from existing Social Security budgets.

Action required: Policy Principal to request that the Law Draftsman prepares an Appointed Day Act.

Signature:

 

 

Position:

 

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

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