Delegated Powers relating to housing matters administered by the Population Office

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (14.01.2009) to agree to delegation of powers relating to housing matters administered by the Population Office.

Decision Reference: MD-H-2008-0126
Decision Summary Title :	Population Office – Delegated powers re housing matters		Date of Decision Summary:	23 December 2008
Decision Summary Author:	Paul Bradbury, Director – Population Office		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	Paul Bradbury, Director – Population Office
Written Report Title :	Delegated Powers		Date of Written Report:	5 January 2009
Written Report Author:	Paul Bradbury, Director – Population Office		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Delegation of powers related to housing matters administered by the Population Office.
Decision(s): The Minister agreed, in accordance with Article 28 of the States of Jersey Law 2005, to the delegation of powers vested in him and relating to the:- a) Housing (Jersey) Law 1949, as amended; b) Building Loans (Jersey) Law 1950; and c) Lodging Houses (Registration) (Jersey) Law 1962 to the Assistant Housing Minister.
Reason(s) for Decision: To give legal authority to the Assistant Minister in the Minister’s absence, or in individual cases specifically referred to the Assistant Minister by the Minister, to enable the powers vested in the Minister under the above legislation to be exercised in a smooth and efficient manner.
Resource Implications: None
Action required: Forward to the Assistant Greffier and the Publication Editor for submission to the States as a Report (‘R’).
Signature: Senator T J Le Main		Position: Housing Minister
Date Signed:		Date of Decision (If different from Date Signed):

Delegated Powers relating to housing matters administered by the Population Office

MD-H-2008-0126 Date of Report: 5 January 2009

REPORT FOR HOUSING MINISTER

Delegated Powers

By virtue of the power conferred on him by Article 28 of the States of Jersey Law 2005, and as set out below, the Minister for Housing has delegated to the Assistant Minister all of the functions conferred on or vested in the Minister by or under the Housing (Jersey) Law 1949, as amended, Building Loans (Jersey) Law 1950, as amended and the Lodging Houses (Registration) Jersey Law 1962, as amended, save for the making of Orders.

a) Legislation – Housing (Jersey) Law 1949 as amended

Function delegated – The power to grant consent to applications made under Part 4 of the Law relating to the control of sales and leases of land and property transactions, and to attach conditions to consents issued.

b) Legislation – Building Loans (Jersey) Law 1950 as amended

Function delegated – The power to approve applications for building loans with the additional allowance to attach conditions to any consent to the loans approved without limitation, and the power to refuse application of a building loan where an applicant clearly falls outside eligibility as contained in the legislation.

c) Legislation – Lodging Houses Registration (Jersey) Law 1962 as amended

Function delegated – The power to approve the registration and the renewal of registration of Lodging Houses and to impose conditions to registrations approved, though not the power to refuse formal applications for registration.

Director – Population Office