Delegation of Statutory Powers

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

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 13 December 2010 regarding delegation of statutory powers - December 2010

Decision Reference: MD-PE-2010-0135
Decision Summary Title:	Delegation of Statutory Powers		Date of Decision Summary:	8 December 2010
Decision Summary Author:	Acting Assistant Director Performance and Operations		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title:	Delegation of Statutory Powers by the Minister for Planning and Environment (“the Minister”) Amendment		Date of Written Report:	8 December 2010
Written Report Author:	Acting Assistant Director Performance and Operations		Written Report : Public or Exempt?	Public
Subject: Delegation of Statutory Powers
Decision(s): The Minister confers to the Assistant Minster for Planning and Environment all of the functions conferred on or vested in the Minister by or under the following; Planning and Building Law 2002, as amended and the Building Bye-laws (Jersey) 2004, save the making of Orders The Lodging of a Proposition with the States Assembly in accordance with Standing Orders of the States of Jersey up to and including R&O 52/2010 Standing Order 19(c) Presenting of reports or comments to the States Assembly in accordance with Standing Orders of the States of Jersey up to and including R&O 52/2010 Standing Order 35(1)(b) During any such time that the Minister is absent from the Island and has indicated to the Assistant Minister that any such specific decision is appropriate
Reason(s) for Decision: To ensure that decisions are made at the appropriate level in the Ministry and Department to ensure the efficient administration of the Minister’s duties and responsibilities
Resource Implications: None
Action required: The Greffier of the States be requested to re-present the agreement on delegation of functions to the States at the earliest opportunity
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Delegation of Statutory Powers - December 2010

PLANNING AND ENVIRONMENT

Delegation of Ministerial Powers to the Assistant Minister in the case of the Minister being absent from the Island

Purpose of the Report

To set out how the Minister for Planning and Environment wishes his powers to be exercised in making decisions if a situation arises whereby the Minister is unavailable to make a decision by virtue of being absent from the Island.

Background

The Minister wishes to confer to the Assistant Minster for Planning and Environment all of the functions conferred on or vested in the Minister by or under the Standing Orders of the States of Jersey up to and including R&O 52/2010 - Standing Order 19(c) and Standing Order 35(1)(b) and the Planning and Building Law 2002, as amended and the Building Bye-laws (Jersey) 2004, save for the making of Orders when a situation arises where the Minister is unavailable to make a decision by virtue of being absent from the Island.

To give effect to this decision, there is a need to amend the Delegation of Statutory Powers.

Discussion and recommendation

Situations may arise where the Minister for Planning and Environment is, for whatever reason absent from the Island. In the interests of continued good governance such decisions will still require to be made and the Minister’s wishes to enable the Assistant Minster for Planning and Environment to carry out - where appropriate - all of the functions conferred on or vested in the Minister. In particular these functions comprise

Planning and Building Law 2002, as amended and the Building Bye-laws (Jersey) 2004, save the making of Orders

The Lodging of a Proposition with the States Assembly in accordance with Standing Orders of the States of Jersey up to and including R&O 52/2010 Standing Order 19(c)

Presenting of reports or comments to the States Assembly in accordance with Standing Orders of the States of Jersey up to and including R&O 52/2010 Standing Order 35(1)(b)

The revised Scheme of Delegation of Statutory Powers is attached at appendix 1, with proposed changes identified.

Reason(s) for Decision

So as to allow decisions to be taken in a transparent manner where otherwise there would be a delay in making the decision.

Legal and resource implications

The Minister is empowered to delegate powers under Article 28 of the States of Jersey Law 2005.

Action Required

Update the Delegation Agreement;
Forward the revised Delegation of Statutory Powers by the Minister for Planning and Environment to the Greffier of the States for presentation to the States.

Written by:	Richard Glover, Assistant Director

Endorsed by:	Andrew Scate Chief Officer

Appendices:

Amended Delegation of Statutory Powers (March 2010)