Exemption approval for vessel Tenacious

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (24.05.07) to approve the granting of an exemption for the vessel known as 'Tenacious'.

Subject:	Exemption Approval for Vessel Tenacious
Decision Reference:	MD-E-2007-0103		Exempt clause(s):	Public
Type of Report: (oral or written)	Written		Person Giving Report (if oral):	P Lawrence
Telephone or e-mail Meeting?	n/a		Report File ref:
Written report – Title	Exemption approval for vessel Tenacious
Written report – Author (name and job title)	Peter Lawrence – Assistant Harbour Master
Decision(s): The Minister approved the grant of an exemption to the Jubilee Sailing Trust vessel ‘Tenacious’, exempting them from the requirements under the Shipping (Survey and Certification) (No 2) (Jersey) Order 2005 article 22(1) in accordance with powers conferred by article 2(3) of the same Order; so that the vessel can sail on a voyage/excursion with more than twelve passengers onboard within Jersey Territorial waters without a class VI passenger ship certificate.
Reason(s) for decision: The vessel ‘Tenacious’ is in the island promoting their charity and providing an opportunity for local Jersey people to experience life on a sailing ship. During the vessel’s stay in the Island they would like to take a group of people out for an excursion along with some local press. The vessel is registered as a cargo vessel which limits the number of passengers they may carry to twelve. The vessel, which is registered in the UK, obtains exemption certification from the MCA allowing them under strict conditions to carry a total of as many as 80 people onboard (passengers and crew). However, as the vessel would like to carry more than twelve passengers on an excursion around Jersey they would need an ‘exemption’ certificate from the Jersey Authorities, exempting them from the requirements to be surveyed and certificated as a passenger vessel.
Resource implications: Financial: Manpower: Property: ICT: Law Drafting:
Action required: For the Minister to agree to the exemption and sign the ‘Exemption’ Certificate attached, which is to be delivered to and displayed on the vessel.
Signature: Deputy Alan J Maclean Assistant Minister for Economic Development		Date of Decision: