Government of Jersey

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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 20 March 2015:

Decision Reference: MD-E-2015-0025
Decision Summary Title :	Limits of Liability for Maritime Claims – Law Drafting Instructions		Date of Decision Summary:	16 March 2015
Decision Summary Author:	Registrar of Shipping		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Limits of Liability for Maritime Claims		Date of Written Report:	16 March 2015
Written Report Author:	Registrar of Shipping		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Limits of Liability for Maritime Claims – Law Drafting Instructions
Decision(s): The Minister decided to request the Law Draftsman to prepare Regulations to raise the limits of liability for Maritime Claims to accord with new limits set by the International Maritime Organisation (IMO).
Reason(s) for Decision: The 1976 Convention on Limitation of Liability for Maritime Claims and its 1996 Protocol have the force of law in Jersey. The limits of liability are periodically amended to keep in line with rising levels of claims and the new limits agreed through the IMO are set to come into force on 8 June 2015. For Jersey to maintain its compliance with the Convention and to offer a fair level of limitation to claimants and shipowners, it is necessary therefore to amend the limits set in the Shipping (Jersey) Law 2002.
Resource Implications: There are no new financial, property, ICT or human resources issues arising.
Action required: The Law Draftsman is requested to prepare draft Regulations.
Signature:		Position: Minister for Economic Development
Date Signed:		Date of Decision (If different from Date Signed):

Shipping (Jersey) Law 2002: Amendment - Limits of Liability for Maritime Claims: Law drafting instructions

LAw drafting instructions

Regulations to be made under the Shipping (Jersey) Law 2002

1976 Convention on Limitation of Liability for Maritime Claims (LLMC) - Limits of liability for shipping

Background

The 1976 Convention and it subsequent 1996 Protocol have the force of law in Jersey. The limits of liability are modified from time to time by the Legal Committee of the IMO and new limits were adopted on 19 April 2012.

Under article 8(7) of the Protocol such changes are deemed to have been accepted after a period of 18 months from notification of the changes and a further 18 months is required before they come into force. The changes will enter into force on 8 June 2015.

Amendments to the limits may be brought into force in Jersey by Regulations made by the States under article 119 (4) (b) of the Shipping (Jersey) Law 2002.

The matter has been discussed informally with officials at the UK’s Department of Transport. The extent of their interest is limited to ensuring that those Crown Dependencies and UK Overseas Territories who have the Protocol extended to them already do in fact seek to adopt the new limits.

Detailed Amendments

The limits that are to be amended are the general limits stated in Article 6 of the original Convention, as subsequently amended by article 3 of the Protocol. The relevant text is reproduced in the extract of the Convention in Schedule 6 of the Shipping Law –

http://www.jerseylaw.je/Law/display.aspx?url=lawsinforce%2fconsolidated%2f19%2f19.885_ShippingLaw2002_RevisedEdition_1January2013.htm#ID4443

The new limits are stated in the IMO Resolution LEG. 5(99) –

www.imo.org/KnowledgeCentre/IndexofIMOResolutions/Documents/LEG%20-%20Legal%20Committee/LEG%205(99).pdf

[See table overleaf

Table 1 Extract from LEG. 5/14

Article 3 of the 1996 LLMC protocol is amended as follows:

in respect of claims for loss of life or personal injury, the reference to:

- "2 million Units of Account" shall read "3.02 million Units of Account";

- "800 Units of Account" shall read "1,208 Units of Account";

- "600 Units of Account" shall read "906 Units of Account";

- "400 Units of Account" shall read "604 Units of Account";

in respect of any other claims, the reference to:

- "1 million Units of Account" shall read "1.51 million Units of Account";

- "400 Units of Account" shall read "604 Units of Account";

- "300 Units of Account" shall read "453 Units of Account";

- "200 Units of Account" shall read "302 Units of Account".

It is noted that the Resolution increases the limits by amending article 3 of the 1996 Protocol rather than amending article 6 of the original Convention. As mentioned above, this is because the Protocol itself has already amended article 6 of the Convention.

The Law Draftsman is requested to prepare Regulations that amend Schedule 6 of the Shipping Law, so that Article 6 paragraphs 1(a) and 1(b) are replaced to show the new limits as detailed in table 1, above.

Commencement

The Regulations should come into force on the date that the new limits enter into force internationally (8 June 2015) or if debated later than that, they should come into force on the day they are made.

Legal Adviser - Advocate Steven Meiklejohn. LOD reference 201-19-02.20150003

Instructing Officer – P Baker

11 March 2015

Registrar of Shipping - Jersey Maritime Administration