Planning and Environment: Delegation of Statutory Powers

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 9 December 2011:

Decision Reference: MD- PE- 2011- 0123
Decision Summary Title:	Delegation of Statutory Powers		Date of Decision Summary:	5 December 2011
Decision Summary Author:	Principal Planner		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	Principal Planner
Written Report Title:	Scheme of Delegation for the Minister of Planning and Environment December 2011		Date of Written Report:	5 December 2011
Written Report Author:	N/A		Written Report : Public or Exempt?	N/A
Subject: Delegation of Statutory Powers
Decision(s): By virtue of the power conferred on him by Article 28(1) of the States of Jersey Law 2005 the Minister has delegated the functions conferred upon or vested in him under the relevant legislation as indicated in the Scheme of Delegation for the Minister of Planning and Environment December 2011– attached.
Reason(s) for Decision: To ensure that decisions are made at the appropriate level in the Ministry and Department to ensure the efficient administration of the Minister’s duties and responsibilities
Resource Implications: None
Action required: The Greffier of the States be requested to re-present the agreement on delegation of functions to the States at the earliest opportunity
Signature: Deputy R Duhamel		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):