Delegated functions to Director of Education

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A decision made to delegate certain functions to the Director of Education

Subject:	Delegated Functions by the Minister for Education, Sport and Culture following the introduction of Ministerial Government as per Article 28 of the States of Jersey Law 2005
Decision Reference:	MD-ESC-2005-0001	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:		As title
Written Report – Title:	Delegation of Functions (12.05)	Written report – Author:		Director of Education, Sport and Culture
Decision(s): In accordance with Article 28 of the States of Jersey Law 2005 to approve the delegation of certain functions to the Director of Education, Sport and Culture as set out in the Schedule appended to this Ministerial Decision.
Reason(s) for decision: To provide the necessary authority for the Director to exercise a range of actions to ensure the efficient and effective operation of the Service.
Action required: Brief senior managers within the Department and adjust administrative procedures to reflect delegated functions. (Director and Senior Management Team). Assistant Greffier to be advised.
Signature:			Date of Decision: 13th December 2005

Delegated functions to Director of Education

Department for Education, Sport and Culture Report for Minister
Subject:	Delegation of Functions
Exempt Clause:	N/a	Date:	12th December 2005

Author:	Director of Education, Sport and Culture

1. Introduction

1.1. The purpose of this report is to enable the Minister for Education, Sport and Culture to consider, and if deemed appropriate, endorse the proposals set out in the Schedule attached to this report to delegate certain functions to the Director of Education, Sport and Culture following the introduction of Ministerial Government.

The Power of the Minister to delegate functions is set out at Article 27 of the States of Jersey Law 2005 as follows:

(1) A Minister may delegate, wholly or partly, functions conferred upon or vested in the Minister by or under this Law or any other enactment or any enactment of the United Kingdom having effect in Jersey, to –

(a) one of his or her Assistant Ministers;

(b) an officer.

(2) A Minister shall not delegate –

(a) any power to make an enactment;

(b) any power to decide an appeal under an enactment;

(3) The delegation of functions by a Minister under this Article shall not prevent the Minister exercising those functions personally.

2. The rationale behind delegation

The delegation of authority in respect of a significant number of administrative areas is intended to release the Minister from potentially time-consuming business, thus enabling him to focus on matters of policy and governance with the freedom to establish framework and review administrative decisions as appropriate.

3. Proposed Delegation

The Schedule identifies items for which Ministerial decisions are necessary and those which may be delegated to the Director.

The level of proposed authority for each item presumes that :

a) decisions made under delegated authority will be made in accordance with existing policies already approved by the Minister or the Committee as formerly constituted;

b) decisions made under delegated authority and marked by [R] in the Schedule shall be reported to the Minister at the earliest opportunity;

c) decisions, which may be made within existing policies but which may prove to be contentious, will be referred to the Minister as necessary; and

d) decisions on issues which fall outside or are not covered by existing policies, will be referred to the Minister for approval, in which circumstances the decision would be reflected in all similar circumstances

4. Recommendation

The Minister for Education, Sport and Culture is recommended to endorse the delegation of functions as listed in the Schedule attached to this report.

Schedule of Delegated Functions – December 2005

Education, Sport and Culture

RESPONSIBILITY FOR FUNCTIONS

		MINISTER	DIRECTOR
1.	SERVICE MANAGEMENT
	1.1 Service Development:
	(a) Review and publication of achievements	R	ü
	(b) Transfer of functions to other Ministries	ü
	1.2 Strategic and Business Planning:
	(a) Approval of Strategic Plans	ü
	(b) Approval of Business Plans	R	ü
	1.3 Revenue Budgets *
	(a) Approval of Decision Conference submissions	ü
	(b) Acceptance of Cash Limit	ü
	(c) Approval of budgets	R	ü
	(d) Approval of transfers	R	ü
	(e) Approval of quarterly reports	R	ü
	(f) Approval of final accounts	R	ü
	(g) Review of Audit Committee reports	R	ü
	1.4 Capital Budgets *
	(a) Approval of Decision Conferencing submissions	ü
	(b) Approval of Capital Programme	ü
	(c) Monitoring of capital projects (P.70/90)	R	ü
	(d) Minor Capital Allocations		ü
	1.5 Health and Safety
	(a) Approval of Policy	ü
	(b) Approval of Arrangements		ü
	1.6 Schools and Colleges
	(a) Approval of policies	ü
	(b) Determination of procedures		ü
	(c) Approval of publication of reports	R	ü
	(e) Approval of Education Supervision Order -referred to courts		ü
	(f) School Closures	R	ü
	(g) Issuing notices in respect of private schools	R	ü

2.	MISCELLANEOUS
	2.1 Registration of Day Care Service providers
	(a) Approval of registration requirements under the Law;	ü
	(b) agreement to refuse applications for registration;	ü
	(c) agreement to refuse re-registration;	ü
	(d) agreement to cancellation or termination of certification.	ü
	2.2 Appeals Procedures
	(a) Committee Member nominations	ü
	(b) Appeals hearings	R	ü

* Note: changes in decision making in respect of the budget take account of the responsibilities of Chief Officers’ of States Departments as ‘accounting officers’ under the new Finance Law.

3.	PROPERTY:
	3.1 Acquisitions/Disposals: (a) All “In principle” decisions	ü
	(b) Lease/Licence terms (Heads of Agreements)		ü
	(c) Acquisition terms (if acquired by Committee)		ü
	(d) Lease/Licence administration and renewals		ü
	3.2 Development:
	(a) Approval of planning applications (above £200,000)	ü
	(b) Approval of drawings	ü
	(c) Approval of list of tenderers (inc. Off Island)	R	ü
	(d) Approval of list of tenderers (all local)		ü
	(e) Acceptance of non-lowest tender	ü
	(f) Acceptance of lowest tender		ü
	3.3 Dispute
	a) Decision to proceed with arbitrational or adjudication process		ü

4.	FINANCE
	4.1 Debt Recovery:
	(a) Recovery of debt through Petty Debts Court		ü
	(b) Writing off irrecoverable debt within agreed limits.		ü
	(c) Writing off irrecoverable debt outside agreed limits.	ü
	4.2 Charges:
	(a) Approval of all charges (Within States Limits or R.P.I.)	R	ü
	(b) Approval of all charges (Outside States Limits or R.P.I.)	ü
	(c) Authorised Signatories		ü
	(d) Approval of authorised signatories for financial documents		ü
	4.3 Fees generally
	(a) Approval of fees (Within States Limits or R.P.I.)	R	ü
	(b) Approval of fees (Outside States Limits or R.P.I.)	ü

5.	FEES & GRANTS
	5.1 Grants:
	(a) Approval of higher education awards policy (Within States Limits or R.P.I.)	ü
	(b) Approval of higher education grants		ü
	(d) Student Scholarships		ü
	(b) Approval of Grants to organisations	R	ü

6.	STAFF :
	6.1 Recruitment:
	(a) Approval of “J” Category Contracts		ü
	(b) Extensions of “J” Category Contracts		ü
	(c) Appointment Policy	ü
	(d) Appointment of Headteachers	R	ü
	(e) Appointment of Deputy Headteachers for schools with a Governing Body	R	ü
	(f) Appointment of Deputy Headteachers for schools without a Governing Body		ü
	(g) Appointment of staff below DHT		ü
	(h) Appointment other staff		ü
	6.2 Transfers:
	(a) Transfer of Headteachers	R	ü
	(b) Transfers of all other staff		ü
	6.3 V.E.R/V.R./Medical
	(a) All staff		ü
	6.4 Maternity Leave:
	(a) All staff		ü
	6.5 Staff Exchanges:
	a) All staff		ü
	6.6 Salary/Wages Negotiations:
	(a) Negotiations for all staff employed within other than civil servants and manual workers		ü
	6.7 Disciplinary Action:
	(a) For all staff employed in the Education Service		ü

12.12.05