Housing: Delegation of Functions

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.

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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
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A decision made 18 February 2011

Decision Reference: MD-H-2011-0031
Decision Summary Title :	DS – Delegation of Functions March 2011		Date of Decision Summary:	18th February 2011
Decision Summary Author:	Carl Mavity – Director of Strategic Development		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	WR – Delegation of Functions March 2011		Date of Written Report:	18th February 2011
Written Report Author:	Carl Mavity – Director of Strategic Development		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: The delegation of Functions in accordance with Article 28 of the States of Jersey Law 2005
Decision(s): The Minister:- 1. In pursuance of Article 28(1)(a) of the States of Jersey Law 2005, delegated all powers and functions in respect of the Housing Department, including all other areas where the Minister would otherwise have to act and be advised, to his Assistant Minister, Connetable Graeme Butcher, of St John, for any periods when he is unavailable or out of the Island. 2. In pursuance of Article 28(1)(b) of the States of Jersey Law 2005, delegated to the Chief Officer of Housing the following delegated powers with immediate effect. (a) Sales of property to States tenants in accordance with P.6/2007, 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. (b) Open market sales in accordance with P.6/2007, 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. (c) 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. (d) Increases in non-social rented charges and fees, specifically those associated with Paid Parking and Garage lettings. Function delegated – specifically the power to increase those charges in line with the requirements of Financial Direction 4.1 (e) Scheme of Delegation Function delegated - The Minister delegated authority for maintaining the Department’s scheme of delegation and authorised signatory lists to the Accounting Officer of the Housing Department. Instructed that his decision be presented to the States as part of the ‘R’ series of reports. 4. 4. Instructed that the report presented to the States should supersede R90/2010
Reason(s) for Decision: To ensure that delegated functions are recorded in accordance with the States of Jersey Law 2005
Resource Implications: None
Action required: Report to be presented to the States as part of the ‘R’ series of reports.
Signature:		Position: MINISTER
Date Signed		Date of Decision (If different from Date Signed):

Housing: Delegation of Functions

Date of Report: 23rd March 2011

REPORT

DELEGATION OF FUNCTIONS

BACKGROUND

Article 28 of the States of Jersey Law 2005 allows a Minister to delegate any function for which he has responsibility to an Assistant Minister or an Officer. Such delegations can be particularly useful in ensuring that decisions can be made at times when the Minister may be unavailable.

No delegations made prevent the Minister from exercising those functions personally.

RECOMMENDATIONS

That the Minister;

1. In pursuance of Article 28(1)(a) of the States of Jersey Law 2005, delegate all powers and functions in respect of the Housing Department, including all other areas where the Minister would otherwise have to act and be advised, to his Assistant Minister, Connetable Graeme Butcher, of St John, for any periods when he is unavailable or out of the Island.

2. In pursuance of Article 28(1)(b) of the States of Jersey Law 2005, delegate to the Chief Officer of Housing the following delegated powers with immediate effect.

(a) Sales of property to States tenants in accordance with P.6/2007, 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.

(b) Open market sales in accordance with P.6/2007, 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.

Function delegated – the power to agree to the eviction of States tenants where a breach of the tenancy agreement can be evidenced.

(d) Increases in non-social rented charges and fees, specifically those associated with Paid Parking and Garage lettings.

Function delegated – specifically the power to increase those charges in line with the requirements of Financial Direction 4.1

(e) Scheme of Delegation

Function delegated - The Minister delegated authority for maintaining the Department’s scheme of delegation and authorised signatory lists to the Accounting Officer of the Housing Department.

Instruct that his decision be presented to the States as part of the ‘R’ series of reports.

Instruct that the report presented to the States should supersede R90/2010

Report Prepared By: ______________________________ 23rd March 2011

Carl B Mavity, Director of Strategic Development

Report Checked By :- ______________________________ 23rd March 2011 J C Hamon, Finance Director

Report Approved By: ______________________________ 23rd March 2011

Ian K Gallichan, Chief Officer