Delegation of authority from the Minister to Officers in the Department

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A decision made (16.11.07) to delegate authority from the Minister to Officers in the Department.

Decision Reference: MD-T-2007-0103
Decision Summary Title :	DS Transport and Technical Services Delegated Authorities		Date of Decision Summary:	16.10.07
Decision Summary Author:	John Richardson – Chief Officer		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 :	WR Transport and Technical Services Delegated Authorities		Date of Written Report:	22.05.07
Written Report Author:	John Richardson – Chief Officer		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Delegated Authorities – Transport and Technical Services
Decision(s): The Minister delegated authority for certain matters from the Minister to Officers in the Department in accordance with article 28 of the States of Jersey Law 2005, and requested that a list of the delegations be presented to the States for information.
Reason(s) for Decision: To provide effective administration of certain matters for which the Minister is responsible under legislation dealt with at Transport and Technical Services.
Resource Implications: None.
Action required: Request the Greffier of the States to present the delegated powers in the R series to the States.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Delegation of authority from the Minister to Officers in the Department

	DELEGATED AUTHORITY	RELEVANT LAW	DETAIL	TO WHOM
1	Issuing licenses under Highways Law.	Highways (Jersey) Law 1956	TTS as highway authority for main roads has powers to issue licenses for things to be placed over, on or below main roads	Chief Officer Director – Municipal Services Manager – Highways & Infrastructure Maintenance Manager – Traffic and Streetworks Director – Transport Manager – Transport Policy
2	Traffic signs	Road Traffic (Jersey) Law 1956	Road traffic law permits TTS to erect signs (in some circumstances TTS is obliged to erect signs eg., regulatory signs such as speed limits, no entry, etc).	Chief Officer Director – Municipal Services Manager – Highways & Infrastructure Maintenance Director – Transport Manager – Transport Policy
3	Temporary Changes to Traffic Orders	Road Traffic (Jersey) Law 1956	Temporary changes can be made to Parish Orders for a period up to 12 months, if approved by the Connétable and Roads Committee and are non-contentious	Chief Officer Director – Municipal Services Director – Transport Manager – Transport Policy Manager – Traffic and Streetworks
4	Speed limits – applications from all quarters including parishes and States members as well as public.	Road Traffic (Jersey) Law 1956	Officers to apply States approved policy and notified to Minister for approval on a quarterly basis	Chief Officer Director – Municipal Services Director – Transport Manager – Transport Policy
5	Install, remove or move bus stops	Motor Traffic (Jersey) Law 1935	Bus stops also require approval of the Connétable of the relevant Parish if on a by-road. Non contentious measures only	Chief Officer Director – Municipal Services Director – Transport Manager – Transport Policy Manager – Traffic and Streetworks
6	Approve applications for “alfresco” areas	Customary Law (Choses Publiques) (Jersey) Law 1993	Approve non-contentious requests and inform Connétable of the Parish who issues a permit if approved by the Parish	Chief Officer Director – Municipal Services Director – Transport Manager – Transport Policy
7	Accept tenders not exceeding £200,000	States of Jersey Public Finance Law 2005	By formal contract documentation	Chief Officer Director – Municipal Services Director – Transport Director – Waste Management
8	Appoint consultants for construction and engineering works	States of Jersey Public Finance Law 2005	Where the TTS is Client	Chief Officer Director – Municipal Services Director – Transport Director – Waste Management
9	Write off bad debts: a) with an individual value of less than £5,000 and a combined total of less than £25,000 b) with an individual value of less than £1,000 and a combined total of less than £5,000	States of Jersey Public Finance Law 2005	Subject to them being reported to the Minister on a quarterly basis with an explanatory report	Chief Officer Director - Finance Chief Officer Director - Finance
10	Write off stock: a) with an individual value of less than £5,000 and a combined total of less than £50,000 b) with an individual value of less than £1,000 and a combined total of less than £5,000	States of Jersey Public Finance Law 2005	Subject to them being reported to the Minister on a quarterly basis with an explanatory report	Chief Officer Director - Finance Chief Officer Director - Finance
11	Approve the Department’s authorised signature schedule and approved expenditure limits conditional upon them being within pre-authorised limits	States of Jersey Public Finance Law 2005		Chief Officer Director - Finance
12	Planning Applications – comments	Planning And Building (Jersey) Law 2002	Provision of Highway and Drainage observations and the comments on Planning Applications. These will be reported to the Minister for noting.	See Below for Appendix listing officers with delegated responsibilities
13	Carrying on a trade or business in a parking or public place	Public Parking Places (Jersey) Order (as amended) 2006 Policing of Parks (Jersey) Regulations 2005	Where non-contentious, eg., selling JEP’s, ice cream concessions, etc.	Chief Officer Director – Municipal Services Director – Transport Manager – Parking Control
14	Charity collections in parking or public places	Public Parking Places (Jersey) Order (as amended) 2006 Policing of Parks (Jersey) Regulations 2005	Where non-contentious, eg., poppy appeal, etc	Chief Officer Director – Municipal Services Director – Transport Manager – Parking Control Manager – Parks and Gardens
15	Approval of requests for use of land administered by TTS for events eg., Victoria Ave car parks, other car parks etc	Public Parking Places (Jersey) Order (as amended) 2006 Policing of Parks (Jersey) Regulations 2005	Where non-contentious and often annual; reported to the Minister for noting on a quarterly basis	Chief Officer Director – Municipal Services Manager – Highways & Infrastructure Maintenance Director – Transport Manager – Parking Control Manager Parks and Gardens
16	Indicate the speed and route to be taken and other restrictions to be observed by a person driving a vehicle in a parking place or by pedestrians	Public Parking Places (Jersey) Order (as amended) 2006	Directional signs within car parks	Chief Officer Director – Transport Manager – Parking Control
17	Restrict the size or mass of vehicles that may use the whole or any part of the parking place	Public Parking Places (Jersey) Order (as amended) 2006	Restriction on Commercial and/or agricultural vehicles in certain parking places	Chief Officer Director – Transport Manager – Parking Control
18	Close for any period and for any purpose the whole or any part of the parking place	Public Parking Places (Jersey) Order (as amended) 2006	For events, maintenance works, setting aside an area for utility companies to lease as compounds whilst working in the area, etc., when non-contentious	Chief Officer Director – Transport Manager – Parking Control
19	Set aside permanently or for any period the whole or any part of the parking place for parking vehicles of a type specified in the notice	Public Parking Places (Jersey) Order (as amended) 2006	Changing of parking space layouts within car parks to move commercial vehicle spaces, motorcycle parking, etc., when non-contentious	Chief Officer Director – Transport Manager – Parking Control
20	Set aside permanently or for any period the whole or any part of the parking place for parking vehicles on which a valid permit is displayed	Public Parking Places (Jersey) Order (as amended) 2006	Moving of permit holder areas within the parking area such as Disabled Bays, States Members Parking, etc., when non contentious	Chief Officer Director – Transport Manager – Parking Control
21	Give approval for a boat, trailer or thing to be parked or placed in a parking place	Public Parking Places (Jersey) Order (as amended) 2006	When non contentious	Chief Officer Director – Transport Manager – Parking Control
22	Give permission for advertising material to be placed in a parking place	Public Parking Places (Jersey) Order (as amended) 2006	When non contentious	Chief Officer Director – Transport Manager – Parking Control
23	Use a vehicle in connection with a trade or business while it is parked in a parking space	Public Parking Places (Jersey) Order (as amended) 2006	When non contentious	Chief Officer Director – Transport Manager – Parking Control
24	Allow the consumption of alcohol in a parking place	Public Parking Places (Jersey) Order (as amended) 2006	Allow alcohol to be consumed in a public car park as part of an event such as a Fete in a car park, when non contentious	Chief Officer Director – Transport Manager – Parking Control

DELEGATED AUTHORITY

RELEVANT

LAW

DETAIL

TO WHOM

Issuing licenses under Highways Law.

Highways (Jersey) Law 1956

TTS as highway authority for main roads has powers to issue licenses for things to be placed over, on or below main roads

Chief Officer

Director – Municipal Services

Manager – Highways & Infrastructure Maintenance

Manager – Traffic and Streetworks

Director – Transport

Manager – Transport Policy

Traffic signs

Road Traffic (Jersey) Law 1956

Road traffic law permits TTS to erect signs (in some circumstances TTS is obliged to erect signs eg., regulatory signs such as speed limits, no entry, etc).

Chief Officer

Director – Municipal Services

Manager – Highways & Infrastructure Maintenance

Director – Transport

Manager – Transport Policy

Temporary Changes to Traffic Orders

Road Traffic (Jersey) Law 1956

Temporary changes can be made to Parish Orders for a period up to 12 months, if approved by the Connétable and Roads Committee and are non-contentious

Chief Officer

Director – Municipal Services

Director – Transport

Manager – Transport Policy

Manager – Traffic and Streetworks

Speed limits – applications from all quarters including parishes and States members as well as public.

Road Traffic (Jersey) Law 1956

Officers to apply States approved policy and notified to Minister for approval on a quarterly basis

Chief Officer

Director – Municipal Services

Director – Transport

Manager – Transport Policy

Install, remove or move bus stops

Motor Traffic (Jersey) Law 1935

Bus stops also require approval of the Connétable of the relevant Parish if on a by-road. Non contentious measures only

Chief Officer

Director – Municipal Services

Director – Transport

Manager – Transport Policy

Manager – Traffic and Streetworks

Approve applications for “alfresco” areas

Customary Law (Choses Publiques) (Jersey) Law 1993

Approve non-contentious requests and inform Connétable of the Parish who issues a permit if approved by the Parish

Chief Officer

Director – Municipal Services

Director – Transport

Manager – Transport Policy

Accept tenders not exceeding £200,000

States of Jersey Public Finance Law 2005

By formal contract documentation

Chief Officer

Director – Municipal Services

Director – Transport

Director – Waste Management

Appoint consultants for construction and engineering works

States of Jersey Public Finance Law 2005

Where the TTS is Client

Chief Officer

Director – Municipal Services

Director – Transport

Director – Waste Management

Write off bad debts:

a) with an individual value of less than £5,000 and a combined total of less than £25,000

b) with an individual value of less than £1,000 and a combined total of less than £5,000

States of Jersey Public Finance Law 2005

Subject to them being reported to the Minister on a quarterly basis with an explanatory report

Chief Officer

Director - Finance

Chief Officer

Director - Finance

Write off stock:

a) with an individual value of less than £5,000 and a combined total of less than £50,000

b) with an individual value of less than £1,000 and a combined total of less than £5,000

States of Jersey Public Finance Law 2005

Subject to them being reported to the Minister on a quarterly basis with an explanatory report

Chief Officer

Director - Finance

Chief Officer

Director - Finance

Approve the Department’s authorised signature schedule and approved expenditure limits conditional upon them being within pre-authorised limits

States of Jersey Public Finance Law 2005

Chief Officer

Director - Finance

Planning Applications – comments

Planning And Building (Jersey) Law 2002

Provision of Highway and Drainage observations and the comments on Planning Applications. These will be reported to the Minister for noting.

See Below for Appendix listing officers with delegated responsibilities

Carrying on a trade or business in a parking or public place

Public Parking Places (Jersey) Order (as amended) 2006

Policing of Parks (Jersey) Regulations 2005

Where non-contentious, eg., selling JEP’s, ice cream concessions, etc.

Chief Officer

Director – Municipal Services

Director – Transport

Manager – Parking Control

Charity collections in parking or public places

Public Parking Places (Jersey) Order (as amended) 2006

Policing of Parks (Jersey) Regulations 2005

Where non-contentious, eg., poppy appeal, etc

Chief Officer

Director – Municipal Services

Director – Transport

Manager – Parking Control

Manager – Parks and Gardens

Approval of requests for use of land administered by TTS for events eg., Victoria Ave car parks, other car parks etc

Public Parking Places (Jersey) Order (as amended) 2006

Policing of Parks (Jersey) Regulations 2005

Where non-contentious and often annual; reported to the Minister for noting on a quarterly basis

Chief Officer

Director – Municipal Services

Manager – Highways & Infrastructure Maintenance

Director – Transport

Manager – Parking Control

Manager Parks and Gardens

Indicate the speed and route to be taken and other restrictions to be observed by a person driving a vehicle in a parking place or by pedestrians

Public Parking Places (Jersey) Order (as amended) 2006

Directional signs within car parks

Chief Officer

Director – Transport

Manager – Parking Control

Restrict the size or mass of vehicles that may use the whole or any part of the parking place

Public Parking Places (Jersey) Order (as amended) 2006

Restriction on Commercial and/or agricultural vehicles in certain parking places

Chief Officer

Director – Transport

Manager – Parking Control

Close for any period and for any purpose the whole or any part of the parking place

Public Parking Places (Jersey) Order (as amended) 2006

For events, maintenance works, setting aside an area for utility companies to lease as compounds whilst working in the area, etc., when non-contentious

Chief Officer

Director – Transport

Manager – Parking Control

Set aside permanently or for any period the whole or any part of the parking place for parking vehicles of a type specified in the notice

Public Parking Places (Jersey) Order (as amended) 2006

Changing of parking space layouts within car parks to move commercial vehicle spaces, motorcycle parking, etc., when non-contentious

Chief Officer

Director – Transport

Manager – Parking Control

Set aside permanently or for any period the whole or any part of the parking place for parking vehicles on which a valid permit is displayed

Public Parking Places (Jersey) Order (as amended) 2006

Moving of permit holder areas within the parking area such as Disabled Bays, States Members Parking, etc., when non contentious

Chief Officer

Director – Transport

Manager – Parking Control

Give approval for a boat, trailer or thing to be parked or placed in a parking place

Public Parking Places (Jersey) Order (as amended) 2006

When non contentious

Chief Officer

Director – Transport

Manager – Parking Control

Give permission for advertising material to be placed in a parking place

Public Parking Places (Jersey) Order (as amended) 2006

When non contentious

Chief Officer

Director – Transport

Manager – Parking Control

Use a vehicle in connection with a trade or business while it is parked in a parking space

Public Parking Places (Jersey) Order (as amended) 2006

When non contentious

Chief Officer

Director – Transport

Manager – Parking Control

Allow the consumption of alcohol in a parking place

Public Parking Places (Jersey) Order (as amended) 2006

Allow alcohol to be consumed in a public car park as part of an event such as a Fete in a car park, when non contentious

Chief Officer

Director – Transport

Manager – Parking Control

APPENDIX TO DELEGATED AUTHORITIES FOR DELEGATION OF PLANNING APPLICATION DUTIES

HIGHWAYS

DRAINAGE

Officers with responsibility:-

Chief Officer

Director – Municipal Services

Manager – Traffic and Streetworks

Director – Transport

Manager – Transport Policy

Officers with responsibility:-

Chief Officer

Director – Waste Management

Principal Engineer – Drainage

Senior Engineer – Drainage

Records Manager

The applications lists issued by the Planning Department are inspected.

The Planning Department issues copies of all applications for sites bordering main roads to the Transport and Technical Services Department (TTSD) for comment in respect of Article 14 of the Planning And Building (Jersey) Law 2002 (formerly Article 6(6) of the Island Planning (Jersey) Law 1964). Comment is requested to be returned within 14 days.

In addition, officers from TTSD will request applications that while not bordering a main road might generate significant traffic that will have an impact on main roads.

The Manager – Traffic and Streetworks inspects each planning application and will visit each site.

The Manager – Traffic and Streetworks will submit comment on the application on the adequacy of visibility, access, servicing and turning facilities. If the development site is subject to any of the Department’s widening lines or policies for provision of footways, this will be highlighted and taken into account when making comment.

The Manager – Traffic and Streetworks will discuss the comments with the Manager – Transport Policy, in particular, any recommendation to reject the application or stipulation that highway measures are required, for example, provision of a public footway, or where an application may conflict with the Department’s policy on sustainable development.

The Manager – Transport Policy or the Manager – Traffic and Streetworks will approve the comments, amend the comments or request further investigation.

The comments are forwarded to the Planning Department normally within the requested timeframe.

The comments are submitted to the Minister for noting.

In cases where a development will have a very significant impact on the Minister’s policy areas, eg.,., provision of a major retail outlet, a report will normally be submitted to the Minister for sanctioning.

The applications lists issued by the Planning Department are inspected.

The Planning Department issues copies of all applications to the Transport and Technical Services Department (TTSD) for comment in respect of Article 16 of the Planning And Building (Jersey) Law 2002 (formerly Article 6(7) of the Island Planning (Jersey) Law 1964). Comment is requested to be returned within 14 days.

The Records Manager inspects each planning application and will visit site where necessary.

The Records Manager will submit comment on the application on the adequacy of drainage provision for the development and proposals for connecting to the mains drainage system. If the development site is subject to any of the Minister’s policies for provision of drainage, this will be highlighted and taken into account when making comment. The Records Manager consults the Senior Engineer (Drainage) prior to submitting his comments.

The comments are forwarded to the Planning Department normally within the requested timeframe.

The comments are submitted to the Minister.

In cases where a development will have a very significant impact on the Ministers policy areas, eg.,., provision of a major retail outlet, a report will normally be submitted to the Minister for sanctioning.

DRAINAGE (JERSEY) LAW, 2005

SCHEDULE OF AUTHORISED PERSONS

Authorised Person

Authorised to exercise power under Articles

Chief Executive Officer

8, 12, 13, 14, 15, 16, 17, 18, 19, 22, 23, 24, 25, 26, 27, 30, 31, 34, 35, 37

Director of Waste Management

8, 12, 13, 14, 15, 16, 17, 18, 19, 22, 23, 24, 25, 26, 27, 30, 31, 34, 35, 37

Principal Engineer, Liquid Waste

8, 12, 13, 14, 15, 16, 17, 18, 19, 22, 23, 24, 25, 26, 27, 30, 31, 34, 35, 37

Senior Engineer, Drainage Design

8, 12, 13, 14, 15, 16, 17, 18, 19, 23, 27, 30, 31, 34, 35, 37

Records Manager

8, 12, 13, 14, 15, 16, 17, 18, 19, 23, 30, 31, 34, 35, 37

Manager – Liquid Waste Treatment

22, 23, 24, 25, 26, 27, 34, 35, 37

Senior Engineer – Contracts Management

15, 16, 17, 23, 27, 30, 31, 34, 35, 37

Assistant Manager Drainage

15, 16, 31, 34

Assistant Manager Drainage Maintenance

15, 16, 31, 34

Leading Chargehand Drainage Investigations

15, 34

Chargehand Drainage Survey

15, 34

Senior Surveyor

Surveyor

Departmental Duty Officers

Article

Title

Brief Description

Sewers and drains to the sea

Restricts discharge to sea shore without consent

Adoption of other sewerage facilities

Power to adopt sewerage facilities as public

Separation of foul and surface water sewers

Power to reserve sewer for foul or surface water only

Obligation to connect to public sewer

Power to require property owner to connect to the sewer

Repair of sewers and drains by owners

Power to examine sewer or drain and require property owner to repair

Restricted discharges into sewers and drains

Restricts surface water from being discharged to foul sewers without consent

Disturbance of public sewers

Restricts building close to sewer, or connecting to sewer, without consent

Septic tanks

Restricts use of septic tanks where property is connected to sewer

Abandonment of public sewerage facilities

Power to discontinue or prohibit use of public sewer

Trade effluent discharge consents

Power to issue a discharge consent

Production of plans and furnishing of information

Requirement on owner to provide information on discharge

Variation, suspension and revocation

Power to amend trade discharge consent

Transfers

Power to transfer trade discharge consent to new holder

Information about harmful effluent

Power to request information about nature of trade discharge

Control of harmful effluent

Power to require person to dispose of harmful trade effluent

Alternation of designated flood defences

Restricts alterations without consent

Repair of other flood defences

Power to require work to be undertaken by owner on flood defences

Exercise of ancillary powers

Powers of entry for inspection, survey purposes, etc

Remedial action by person causing damage

Power to require owner to correct damage

Remedial action by Minister

Power for TTSD to correct damage at owners cost