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.

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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 (13.02.2009) to delegate to specified departmental officers the necessary authority to determine certain matters.

Decision Reference: MD-T-2009-0012
Decision Summary Title :	Transport and Technical Services Delegated Authorities		Date of Decision Summary:	6 February 2009
Decision Summary Author:	Director of Transport		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 :	Transport and Technical Services Delegated Authorities		Date of Written Report:	6 February 2009
Written Report Author:	Director of Transport		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Delegated Authorities – Transport and Technical Services
Decision(s): The Minister delegated to specified departmental officers the necessary authority to determine certain matters, as detailed in the accompanying report, in accordance with Article 28 of the States of Jersey Law 2005, as amended. He further requested that the Greffier of the States present to the States Assembly the list of delegations made.
Reason(s) for Decision: To provide effective administration of certain matters for which the Minister is responsible under legislation dealt with at Transport and Technical Services.
Resource Implications: None.
Action required: Request the Greffier of the States to present the list of delegated powers to the States Assembly as a Report.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Transport and Technical Services - Delegated Authorities

TRANSPORT AND TECHNICAL SERVICES

DELEGATED AUTHORITIES

Purpose of Report

To request the Minister’s approval to the delegation of certain matters from the Minister to Officers in the Department in accordance with Article 28 of the States of Jersey Law 2005.

Background

To allow the efficient and effective administration of the laws Transport and Technical Services is responsible for, certain matters can be delegated to named officials. The attached list details each of these delegations, the relevant law, details of what is delegated and the officers who are delegated to make decisions.

Comments

Most of the items shown on the attached list were delegated under the previous Minister (MD-TTS-2007-0090 and 0103 refer). However, three delegations are being requested for the first time. These are:

Approving temporary speed limits at road works (5 on attached list) – An amendment to the Road Traffic (Speed Limits)(Jersey) Order 2003 was made in 2008 to allow temporary speed limits at schools. In addition, temporary speed limits at roadworks were also incorporated. It would seem appropriate that the approval of this item is delegated to officers after consultation with the relevant Connétable.

Request for road humps on Parish by-roads (6 on attached list) – A Connétable must consult the Minister before road humps are installed and it is suggested that officers are delegated to make appropriate comments.

Approving authorized insurers (37 on attached list) - All providers of insurance in Jersey are licensed by the Jersey Financial Services Commission (JFSC). However, providers of motor insurance must be approved by the TTS Minister. It is proposed that where insurers meet the criteria set out in Article 4(2) of the relevant law and the application from the insurer being supported by the JFSC, officers can be delegated to give this approval. Where the application does not comply fully with the criteria or refusal to authorise is considered, the application will be presented to the Minister for decision.

Recommendation

The Minister is recommended to delegate authority for those matters listed in the attached table from the Minister to Officers in the Department in accordance with Article 28 of the States of Jersey Law 2005, and requested that a list of the delegations be presented to the States for information.

Reasons for Recommendation

To provide effective administration of certain matters for which the Minister is responsible under legislation dealt with at Transport and Technical Services.

Resource Implications

There are no resource implications.

Action Required

Request the Greffier of the States to present the delegated powers in the R series to the States.

Written by:	Caroline Anderson

Approved by:	John Richardson