Financial Services Commission (Jersey) Law 1998: Amendment: 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.

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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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 19 December 2017:

MINISTERIAL DECISION REFERENCE: MD-C-2017- 157
DECISION SUMMARY TITLE: JFSC – Amendment to the Financial Services Commission (Jersey) Law 1998 – appointment of the Director General as an ex officio member of the Board of Commissioners and length of term of Commissioners
DECISION SUMMARY AUTHOR:	Lead Policy Adviser: Financial Crime	IS THE DECISION SUMMARY PUBLIC OR EXEMPT?		Public
REPORT TITLE: Law drafting Instructions – amendments to the Financial Services Commission (Jersey) Law 1998 - appointment of the Director General as an ex officio member of the Board of Commissioners and length of term of Commissioners
REPORT AUTHOR OR NAME OF PERSON GIVING REPORT: (if different from Decision Summary Author)	Lead Policy Adviser: Financial Crime	IS THE REPORT PUBLIC OR EXEMPT		Exempt pursuant to Article 35 of the Freedom of Information (Jersey) Law 2011 (Formulation and development of policies)
DECISION AND REASON FOR THE DECISION: The Chief Minister approved the instruction of the Law Draftsman to prepare an amendment to the Financial Services Commission (Jersey) Law 1998 (the “Commission Law”) to achieve two changes to the legislation: i) make the appointment of the Director General an ex officio appointment as member of the Board of Commissioners; ii) amend the total length of term that a Commissioner of JFSC can serve to be 9 years, being an initial appointment of 5 years, followed by eligibility for reappointment for 4 years As a result of new guidance issued by the Jersey Appointments Commission in 2017, and subsequent correspondence between the JFSC and the Jersey Appointments Commission, the Chief Minister has determined that it is advisable to make the above amendments to the Commission Law.
RESOURCE IMPLICATIONS: Law drafting time will be required to draft these amendments. There are no other resource implications for the States of Jersey as a result of this decision.
ACTION REQUIRED: That law drafting instructions be sent by the Financial Services Unit to the Law Draftsman requesting that the amendment be drafted.
SIGNATURE: SENATOR IAN GORST			POSITION: CHIEF MINISTER

DATE SIGNED			EFFECTIVE DATE OF THE DECISION