Planning and Environment: Delegation of Functions: Pet Travel Scheme and Diseases of Animals

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A decision made 16 July 2012:

Decision Reference: MD-PE-2012-0076
Decision Summary Title:	Delegation of Statutory Powers – July 2012		Date of Decision Summary:	4 July 2012
Decision Summary Author:	States Veterinary Assistant		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title:	Scheme of Delegation for the Minister of Planning and Environment July 2012		Date of Written Report:	4 July 2012
Written Report Author:	States Veterinary Assistant		Written Report : Public or Exempt?	Public
Subject: Delegation of Statutory Powers
Decision(s): By virtue of the power conferred on him by Article 28(1) of the States of Jersey Law 2005 the Minister has delegated the functions conferred upon or vested in him under the relevant legislation as indicated in the Scheme of Delegation for the Minister of Planning and Environment July 2012. The Minister for Planning and Environment extended delegated powers under the following legislation: Pet Travel Scheme (Jersey) Regulations 2011 Diseases of Animals (Rabies) (Importation of Mammals) (Jersey) Order 2011 Diseases of Animals (Non-Rabies) (Importation of Mammals) (Jersey) Order 2011 Diseases of Animals (Infectious Bovine Rhinotracheitis) (Jersey) Order 2012 Diseases of Animals (Importation of Miscellaneous Goods and Animals) (Jersey) Order 2012
Reason(s) for Decision: To ensure that decisions are made at the appropriate level in the Ministry and Department to ensure the efficient administration of the Minister’s duties and responsibilities.
Resource Implications: None
Action required: The Greffier of the States be requested to re-present the agreement on delegation of functions to the States at the earliest opportunity
Signature: Deputy R Duhamel		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Planning and Environment: Delegation of Functions: Pet Travel Scheme and Diseases of Animals

DEPARTMENT OF THE ENVIRONMENT

Scheme of Delegation for the Minister of Planning and Environment July 2012

(Public)

Purpose of the Report

The Minister has decided to grant delegated powers to officers to assist in efficient operation of Department business.

Background
Article 28 (1) of the States of Jersey Law 2005 permits a Minister to delegate, wholly or partly, functions conferred upon or invested in the Minister by or under this Law or any other enactment or any other enactment of the United Kingdom having effect in Jersey.

It also states that the delegation of functions by a Minister under the Article shall not prevent the Minister exercising those functions personally.

Discussion

The Powers to be delegated:

Pet Travel Scheme (Jersey) Regulations 2011, Regulation 2 to approve veterinarians and grant derogations. Regulation 3 to approve carriers and approve the bringing in of a non-compliant animal. Regulation 5 to seize a non-compliant animal arriving in Jersey. Regulation 6 powers to release from quarantine for export. Regulation 7 to administer and enforce, to check compliance, search and examine as necessary to ascertain compliance with the Community Regulations and these Regulations. Includes powers of entry.
Diseases of Animals (Rabies) (Importation of Mammals) (Jersey) Order 2011, Article 2 to grant a licence to import an animal specified in Part 1 and 2 of the Schedule and prohibit movement from the British Islands or the Republic of Ireland if an outbreak of rabies occurs in any part. Article 4 issue a licence to release or waiver quarantine. Article 5 to vaccinate animals against rabies whilst in quarantine. Article 6 to move an animal in urgent need of veterinary treatment. Article 7-9 authorize, vary or withdraw a licence for a quarantine premises, carrying agents and to see records. Article 10 & 13 detain and isolate animals. Article 11 to seize any animal illegally landed. Article 12 to destroy an animal that contravenes this Order. Article 13 and 14 to administer and enforce, to check compliance, search and examine as necessary to ascertain compliance with the Order. Includes powers of entry.
Diseases of Animals (Non-Rabies) (Importation of Mammals) (Jersey) Order 2011, Article 2 to set licence conditions. Article 3 to treat an animal against tapeworm before release from quarantine.
Diseases of Animals (Infectious Bovine Rhinotracheitis) (Jersey) Order 2012, Article 2 to licence the use of vaccine against infectious bovine rhinotracheitis.
Diseases of Animals (Importation of Miscellaneous Goods and Animals) (Jersey) Order 2012, Article 2 & 3 authorising, suspending or revoking an import licence, Article 4 to administer and enforce, to check compliance, search and examine as necessary to ascertain compliance with the Order. Includes powers to seize, disposal and of entry.

Recommendation

The Minister is recommended to grant delegation of statutory powers to appropriately trained officers.

Written by:	States Veterinary Assistant

Approved by:	Director for Environment

[File Ref]

Ministerial Decision ref: MD-PE-2012-XXXX

4 July 2012