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Information and public services for the Island of Jersey

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

Proceeds of Crime (Supervisory Bodies) (Supervised Business - Amendment) (Jersey) Regulations 202-

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 3 February 2023:

Decision Reference:  MD-ER-2023-40

Public

Subject: Draft Proceeds of Crime (Supervisory Bodies) (Supervised Business - Amendment) (Jersey) Regulations 202-

 

Report Title: Draft Proceeds of Crime (Supervisory Bodies) (Supervised Business - Amendment) (Jersey) Regulations 202-

Public

Decision(s):

The Minister decided to lodge the Draft Proceeds of Crime (Supervisory Bodies) (Supervised Business - Amendment) (Jersey) Regulations 202- (the Draft Regulations) au Greffe for debate in the States Assembly.

Reason for Decision(s):

The Draft Regulations, if adopted, amend the Proceeds of Crime (Supervisory Bodies) (Jersey) Law 2008 (the “Law”) to re-introduce, in an amended form, the defined term “supervised business” into the Law. This defined term was deleted throughout the Law by the Proceeds of Crime (Consequential and Miscellaneous) (Jersey) Regulations 2023 and substituted with “Schedule 2 business” which has a narrower definition. The deletion of this term had unintended consequences on the ability of the Jersey Financial Services Commission to supervise prescribed non-profit organisations.

Resource Implications: There are no new financial and/or manpower implications.

 

Action Required: Officers to request the Greffier of the States to arrange for the item(s) to be lodged 'au Greffe'.

Signature:

 

 

Signed By: Minister for External Relations and Financial Services

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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