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Information and public services for the Island of Jersey

L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

To delegate certain powers to the Chief Officer of Housing.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (24/12/2007) regarding: To delegate certain powers to the Chief Officer of Housing.

Decision Reference:      MD-H-2007-0085

Decision Summary Title :

DS-Delegated Powers CO

Date of Decision Summary:

27 November 2007

Decision Summary Author:

Dominique Caunce

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

 

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title :

WR-Delegated Powers CO

Date of Written Report:

27 November 2007

Written Report Author:

Dominique Caunce

Written Report :

Public or Exempt?

 

Subject:  To delegate certain powers to the Chief Officer of Housing.

Decision(s):

The Minister, in accordance with Article 28 of the States of Jersey Law 2005, as amended, delegated to the Chief Officer of Housing the following powers with immediate effect – 

  1. Sales of property to States tenants in accordance with P6/2007, the Social Housing Property Plan 2007 – 2016. Function delegated – the power to approve the sale price and purchaser, in accordance with HD20 Allocations Policy for Sales and HD22 Valuation Policy for Sales;
  2. Open market sales in accordance with P6/2007, the Social Housing Property Plan 2007 – 2016. Function delegated – the power to approve the sale price and purchaser, in accordance with P6/2007 and HD22 Valuation Policy for Sales; and,
  3. Evictions of States tenants due to rent arrears or other breaches of the Tenancy Agreement – Function delegated – the power to agree to the eviction of States tenants where a breach of the tenancy agreement can be evidenced.

 

The Minister further agreed to present a revised delegation of powers report to the States Assembly.

Reason(s) for Decision:

To give legal authority to the postholder in order that he can carry out the day to day functions required.

Resource Implications:

Financial: None

Action required:

Director of Tenant Services to forward delegated powers report to Assistant Greffier and the Publication Editor for submission to the States as part of the “R” series of reports.

Signature:

Position:

                                       Minister

Date Signed:

Date of Decision (If different from Date Signed):

To delegate certain powers to the Chief Officer of Housing.

DATE OF REPORT:- 27 November 2007  

REPORT TO THE HOUSING MINISTER  

DELEGATED POWERS TO THE CHIEF OFFICER  
 
 

The Minister, in pursuance of Article 27 of the States of Jersey Law 2005, is asked to agree to give authority to the Chief Officer of Housing the following delegated powers with immediate effect. 

  1. Sales of property to States tenants in accordance with P6/2007, the Social Housing Property Plan 2007 – 2016. Function delegated – the power to approve the sale price and purchaser, in accordance with HD20 Allocations Policy for Sales and HD22 Valuation Policy for Sales.

 

  1. Open market sales in accordance with P6/2007, the Social Housing Property Plan 2007 – 2016. Function delegated – the power to approve the sale price and purchaser, in accordance with P6/2007 and HD22 Valuation Policy for Sales.

 

  1. Evictions of States tenants due to rent arrears or other breaches of the Tenancy Agreement – Function delegated – the power to agree to the eviction of States tenants where a breach of the tenancy agreement can be evidenced.

 
 

This does not prevent the Minister from exercising those functions personally. 
 

Recommendation 

The Minister is asked to delegate the above powers to the Chief Officer of Housing in order that he may carry out the day to day functions required. 
 

D Caunce

Director of Tenant Services

27 November 2007

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