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

Maritime Security (Jersey) Order 201-

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

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A decision made 6 December 2013:

Decision Reference: MD-C-2013-0149

Decision Summary Title :

Maritime Security (Jersey) Order 201-, Article 31 Proposition

Date of Decision Summary:

5 December 2013

Decision Summary Author:

 

External Relations

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title :

Maritime Security (Jersey) Order 201-

Date of Written Report:

19 November 2013

Written Report Author:

Registrar of Shipping

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:  Maritime Security (Jersey) Order 201-

Decision(s):  The Chief Minister decided –

  • to lodge a Proposition to the States in accordance with Article 31 of the States of Jersey Law 2005, in order that the States may signify their views on the draft Maritime Security (Jersey) Order 201-, and
  • subject to the Order being made, to request the United Kingdom government to extend to Jersey its ratification of –
  • the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (Rome 1988) and
  • the Protocol for Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf supplementary to the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (Rome 1988).

Reason(s) for Decision:

 

Various provisions of the Aviation and Maritime Security Act 1990 were extended to Jersey by the Maritime Security (Jersey) Order 1996.  A further Order in Council will replace the 1996 Order and provide for modifications consequential upon amending legislation made in the United Kingdom, as well as the Shipping (Jersey) Law 2002 and the States of Jersey Law 2005.

Article 31(1) of the States of Jersey Law 2005 states that:

Duty to refer certain matters to the States

(1) Where it is proposed –

… (b) that an Order in Council should be made extending to Jersey –

(i) any provision of an Act of the Parliament of the United Kingdom …

the Chief Minister shall lodge the proposal in order that the States may signify their views on it.

 

Whilst extension of the Aviation and Maritime Security Act 1990 to the Island was previously in place, it is seen as acting in the spirit of the intention of Article 31 of the States of Jersey Law 2005 to also bring these further amendments to the States.  Accordingly, it is proposed that the Chief Minister should lodge the attached Proposition so that the States may signify their views on the matter.

 

Furthermore, the 1990 Act enabled the UK to ratify the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation 1988 and the associated Protocol concerning the Safety of Fixed Platforms. However, Jersey has not so far requested these instruments to be extended to the Bailiwick.  It is therefore proposed that, once the new Order has been made, the Chief Minister shall request the United Kingdom government to extend to Jersey its ratification of –

 

  • the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (Rome 1988) and

 

  • the Protocol for Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf supplementary to the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (Rome 1988).

 

Resource Implications: 

There will be no additional manpower, revenue or capital requirements arising.

Action required:

External Relations to inform the Greffier of the States of the Proposition to be lodged for debate as soon as possible.

 

Signature:

 

Position: 

 

Chief Minister

Date Signed:

 

Date of Decision (If different from Date Signed):

 

 

Signature (Quality Assurance)

 

Position

Director, International Affairs

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