Bankruptcy (Desastre) (Amendment) (Jersey) Order 2012

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 11 December 2012:

Decision Reference: MD-E-2012-0162
Decision Summary Title :	Bankruptcy (Désastre) (Amendment) (Jersey) Order 2012		Date of Decision Summary:	10 December 2012
Decision Summary Author:	Director, Finance Industry Development		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Oral		Person Giving Oral Report:	Director, Finance Industry Development
Written Report Title :	Bankruptcy (Désastre) (Amendment) (Jersey) Order 2012		Date of Written Report:	N/A
Written Report Author:	Director, Finance Industry Development		Written Report: Public or Exempt?	Public
Subject: Bankruptcy (Désastre) (Amendment) (Jersey) Order 2012
Decision(s): The Minister made the Bankruptcy (Désastre) (Amendment) (Jersey) Order 2012.
Reason(s) for Decision: The Economic Development Department was contacted by the Viscount’s Department requesting an amendment to be made by Order to the Bankruptcy (Désastre)Jersey Law 1991. This amendment relates to Article 32 of the Law which refers to the “Order of payments of debts” in a Désastre which includes, inter alia, priority claims for wages, salary, holiday and bonuses, provided that the sum to which priority is given does not exceed the prescribed amount as set out in Article 5 (a) and 5 (b) of the Bankruptcy (Désastre) Jersey Order 2006 (“the 2006 Order”). The Viscount’s Department has noted that by applying the current Jersey cost of living index to the figures listed in the 2006 Order, there has been an increase of 23.8%. In line with that increase, the Bankruptcy (Désastre) (Amendment) (Jersey) Order 2012 makes the following changes to the 2006 Order: In relation to Article 5 (a) of the 2006 Order – previously set the sum at £3,500 – change to £4,350 In relation to Article 5 (b) of the 2006 Order – previously set the sum at £1,000– change to £1,250 The Viscount’s Department are supportive of the changes adopted and the Order will come into force 7 days after it is made.
Resource Implications: There are no financial or manpower implications for the States of Jersey arising as a result of this decision.
Action required: The Order is sealed and forwarded to the States Publications editor for publication forthwith.
Signature:		Position: Minister for Economic Development
Date Signed:		Date of Decision (If different from Date Signed):