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Information and public services for the Island of Jersey

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

Commencement Order Financial Services (Amendment of Law) (No. 6) (Jersey) Regulations 2023: 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 2 October 2023:

Decision Reference:  MD-CM-2023-647

Public

Subject: Drafting Instructions: Commencement Order Financial Services (Amendment of Law) (No.6) (Jersey) Regulations 2023

 

Report Title: Drafting Instructions: Commencement Order Financial Services (Amendment of Law) (No.6) (Jersey) Regulations 2023

Exempt (Article 35)

Decision(s):

The Assistant Chief Minister decided to request the Principal Legislative Drafter to draft the necessary legislation to bring the Financial Services (Amendment of Law) (No.6) (Jersey) Regulations 2023 ('the Regulations') into force.

Reason for Decision(s):

On 13 September 2023, the States Assembly adopted the Financial Services (Amendment of Law) (No.6) (Jersey) Regulations 2023. The Regulations may be brought into force through a Commencement Order.  Time is required of the Legislative Drafting Office to draft the relevant Order to bring the Regulations into force.

Resource Implications: There are additional financial and/or manpower implications. Further detail is included in the detail section of the report.

 

Action Required: Principal Legislative Drafter to be requested to draft legislation.

Signature:

  

 

Signed By: Deputy Elaine Millar

Date Signed: 02/10/2023

 

 

Date of Decision (If different from Date Signed):

 

 

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