Delegation of Functions by Minister for Education, Sport and Culture.

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A decision made (11/08/2009) regarding: Delegation of Functions by Minister for Education, Sport and Culture.

Decision Reference: MD-ESC-2009-0016
Decision Summary Title:	Delegation of Functions		Date of Decision Summary:	7th August 2009
Decision Summary Author:	Assistant Director – Policy and Planning		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	-
Written Report Title:	Delegation of Functions		Date of Written Report:	7th August 2009
Written Report Author:	Assistant Director – Policy and Planning		Written Report : Public or Exempt?	Public
Subject: Delegation of Functions by the Minister for Education, Sport and Culture
Decision(s): The Minister agreed to present to the States a report outlining the decision taken by the Minister in March 2009 to delegate certain functions to the Director of Education, Sport and Culture, as set out in the report attached to this Ministerial Decision.
Reason(s) for Decision: To ensure that the States Assembly is formally notified of the decision to delegate authority.
Resource Implications: None.
Action required: Assistant Director - Policy and Planning to arrange with the States Greffe for the publication of the report.
Signature:		Position: Education, Sport and Culture Minister
Date Signed:		Date of Decision :

Delegation of Functions by Minister for Education, Sport and Culture.

Education, Sport and Culture Department Report
Subject:	Delegation of Functions
Exempt Clause:	Public	Date:	7th August 2009

Author:	Jeremy Harris : Assistant Director – Policy & Planning

Background

The Minister is asked to agree to the presentation of a report to the States which sets out the delegation of certain functions to the Director of Education, Sport and Culture. The decision to delegate these functions was taken by the Minister on 13th March 2009 and was published at that time in the ‘Ministerial Decisions’ section of the States of Jersey website (www.gov.je), but the ESC Department has since been advised that it is now a requirement under the States of Jersey Law for this decision to be presented as a report to the States.

A copy of the report proposed for publication is attached as Appendix One.

2. Recommendation

It is recommended that the report should be presented to the

States in the ‘R’ series for the information of States members and the public.

APPENDIX ONE

States of Jersey Law, 2005:

Delegation of Functions – Education, Sport and Culture

1. Introduction

In March 2009 the Minister for Education, Sport and Culture decided to delegate certain functions under Article 27 of the States of Jersey Law, and this decision was published in the ‘Ministerial Decisions’ section of the States of Jersey website (www.gov.je). The ESC Department has since been advised that it is now a requirement under the States of Jersey Law for this decision to be published in the ‘R’ series as a report to the States.

2. States of Jersey Law

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;

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

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.

Delegation of Functions

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

The level of authority for each item presumes that:

decisions made under delegated authority will be made in accordance with existing policies already approved by the Minister or the Education, Sport and Culture Committee as formerly constituted;

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

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

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.

Schedule of Delegated Functions – February 2009

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) 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
	(d) Approval of Education Supervision Order -referred to courts		ü
	(e) School Closures	R	ü
	Issuing notices in respect of private schools	R	ü

* Note: This takes into account the responsibilities of Chief Officers of States Departments as ‘accounting officers’ under the Finance Law.

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) Panel Member nominations	ü
	(b) Appeals hearings	R	ü

3.	FINANCE
	3.1 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
	3.2 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
	3.3 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

4.	FEES & GRANTS
	4.1 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
	Approval of Grants to organisations	R	ü

5.	STAFF :
	5.1 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
	5.2 Transfers:
	(a) Transfer of Headteachers	R	ü
	(b) Transfers of all other staff		ü
	5.3 V.E.R/V.R./Medical
	(a) All staff		ü
	5.4 Maternity Leave:
	(a) All staff		ü
	5.5 Staff Exchanges:
	a) All staff		ü
	5.6 Salary/Wages Negotiations:
	(a) Negotiations for all staff employed within other than civil servants and manual workers		ü
	5.7 Disciplinary Action:
	(a) For all staff employed in the Education Service		ü

3.2.09