Amendment to P8/06: Postal Services (Jersey) Law: 2nd Appointed Day Act.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (07/04/2006) regarding Amendment to P8/06: Draft Postal Services (Jersey) Law 2004: 2nd Appointed Day Act.

Subject:	Amendment to P8/06: Draft Postal Services (Jersey) Law 2004: 2nd Appointed Day Act.
Decision Reference:	MD-E-2006-0063		Exempt clause(s):	n/a
Type of Report: (oral or written)	Written		Person Giving Report (if oral):	n/a
Telephone or e-mail Meeting?	n/a		Report File ref:
Written report – Title	Amendment to P8/06: Postal Services (Jersey) Law: 2nd Appointed Day Act.
Written report – Author (name and job title)	Dr Jason Lane, Director of Regulatory Services
Decision(s): The Minister approves the amendments to P8/06.
Reason(s) for decision: The attached amendment needs to be lodged in order to reflect the delay to incorporation caused by the decision of the Economic Affairs Scrutiny Panel to scrutinise the fulfilment policy and the effects upon incorporation of Jersey Post. This decision needs to be taken simultaneously with that of the Treasury and Resources Minister to approve and lodge amendments to the Postal Services (Transfer) (Jersey) Regulations 200-.
Action required: Jason Lane to forward copies of the amendments to the Publications Editor at the States Greffe to be reformatted and lodged. Jason Lane to inform Richard Bell at Treasury and Resources.
Signature: Senator Philip Ozouf (Minister)		Date of Decision: 7 April 2006

Amendment to P8/06: Postal Services (Jersey) Law: 2nd Appointed Day Act.

Draft Postal Services (Jersey) Law 2004 (Appointed Day) (No. 2) Act 200- (Amendment)

REPORT

This amendment is necessary in order to reflect the delay to incorporation caused by the decision of the Economic Affairs Scrutiny Panel to scrutinise the fulfilment policy and the effects upon incorporation of Jersey Post.

This new draft Act will have the effect of bringing fully into force the new arrangements for postal services in Jersey set out in the Law. The revised date of 1st July 2006 has been agreed in principle with the Treasury and Resources Minister because it is vital that the staff, assets and liabilities of the present Economic Development Minister are also transferred on that date. The Treasury and Resources Minister is expected shortly to lodge the Draft Postal Services (Transfer) (Jersey) Regulations 200- for debate by the States on the same day as it debates this draft Act.

5th April 2006

Explanatory Note

The purpose of this Act is to appoint 1st July 2006 as the day for the commencement of the provisions of the Postal Services (Jersey) Law 2004 that so far have not come into force. The Law was adopted by the States on 30th March 2004 (P.24 of 2004) and registered in the Royal Court on 10th September 2004. Many of its provisions (the formal provisions and those dealing with licensing and the framework for the transfer from the Committee to the company) came into force on 11th October 2004 (Postal Services (Jersey) Law 2004 (Appointed Day) Act 2004).

The provisions that will now come into force deal with the requirement to hold a licence under the Law, powers relating to land, offences in relation to postal services, the entry and search of premises, the repeal of the Post Office (Jersey) Law 1969, and the amendment and repeal of certain other legislation. They include also most of the savings and transitional and consequential provisions.

Draft Postal Services (Jersey) Law 2004 (Appointed Day) (No. 2) Act 200-

Made [date to be inserted]

Coming into force [date to be inserted]

THE STATES, in pursuance of Article 86 of the Postal Services (Jersey) Law 2004,[i][1] have made the following Act –

1 Commencement of remainder of Law (except Article 33)

The following provisions of the Postal Services (Jersey) Law 2004 shall come into force on 1st July 2006 –

(a) Parts 2, 8, 9 and 10;

(b) Articles 60 – 70, 76, 78, 79, 80 and 84;

(d) Schedule 1 and paragraphs 1 – 7 and 9 of Schedule 2.

2 Citation

This Act may be cited as the Postal Services (Jersey) Law 2004 (Appointed Day) (No. 2) Act 200-.