Battle of Flowers (Jersey) Order 201-: Law drafting instructions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 3 May 2016:

Decision Reference: MD-T-2016-0041
Decision Summary Title:	Battle of Flowers 2016 Entertainment on Public Roads Application: Part 1		Date of Decision Summary:	28 April 2016
Decision Summary Author:	Technical Assistant Traffic and Infrastructure		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title:	The Battle of Flowers Association’s Application to hold the Battle of Flowers 2016		Date of Written Report:	28 April 2016
Written Report Author:	Technical Assistant Traffic and Infrastructure		Written Report : Public or Exempt?	Public
Subject: The Battle of Flowers 2016
Decision(s): The Minister approved the Battle of Flowers 2016 and the preparation of an Order under Article 2 of the Entertainments on Public Roads (Jersey) Law 1985.
Reason(s) for Decision: The Minister approved the proposed road closures and associated traffic management (following consultations) as the administering authority of the Entertainments on Public Roads (Jersey) Law 1985.
Resource Implications: DfI Officer and Law Draftsman’s time.
Action Required: To forward a copy of the Ministerial Decision along with an Instructing Memorandum and the Promoter’s Application to the Law Draftsman.
Signature:		Position: Minister for Infrastructure
Date Signed:		Date of Decision (If different from Date Signed):

Battle of Flowers (Jersey) Order 201-: Law drafting instructions

DEPARTMENT FOR INFRASTRUCTURE

THE BATTLE OF FLOWERS ASSOCIATION’S APPLICATION TO HOLD

THE BATTLE OF FLOWERS 2016

Purpose of the Report

To obtain a Ministerial Decision regarding approval of road closures and traffic restrictions for the purpose of holding the Battle of Flowers on Thursday 11 August 2016 and the Moonlight Parade on Friday 12 August 2016.

In addition, to enable an instruction to be sent to the Law Draftsman requesting preparation of an Order under Article 2 of the Entertainments on Public Roads (Jersey) Law 1985.

Background

The Battle of Flowers Association (the Promoter) has submitted details of its proposed road closures and traffic restrictions for the 2016 event. The event is enabled by Order of the Minister for Infrastructure under Article 2 of the Entertainments on Public Roads (Jersey) Law 1985.

Discussion

As per 2015 the event arena will be from West Park to First Tower, with the seated stadium area on Lay-bys 1, 2 and 3 and the Lower West Park. Lay-by 4 will be used as a float turning point.

Millbrook Field has been made available to the Battle this year however, Lay-bys 5 and 6 will be used as a rendezvous point for floats approaching from the east, and Rue de Galet will be used as a rendezvous for floats from the northern Parishes before entering the field via Victoria Avenue.

The Parking Control Section has approved the closure of all lay-bys in accordance with the Promoter’s requirements.

Traffic management will be as per 2015, therefore Victoria Avenue (and its approach roads) will be fully closed between Bel Royal and West Park between 9.30 a.m. and 7 p.m. on Thursday 11 August 2016 and again between 6.15 p.m. and midnight on Friday 12 August 2016. This closure will continue until 3am on Saturday morning for Victoria Avenue, east of First Tower.

In addition, the following traffic measures will be introduced during full closure of Victoria Avenue:

The section of St Peter’s Valley from the junction of Rue du Haut to Bel Royal will be closed to all southbound traffic except for buses / HGV's. Traffic will be diverted along Rue du Haut to its junction with La Route de St Aubin, thus relieving the Bel Royal junction.

La Rue du Haut will be closed to traffic travelling west from its junction with Le Mont Cambrai.

Rue de la Ville Emphrie will be made one way westbound.

Portable traffic signals will be placed on La Route de St Aubin and La Route de la Haule to manage traffic through the Bel Royal bus lay-by.

Parking will be prohibited on La Route du Mont Cochon to facilitate a coach parking area between La Route de St Aubin and La Rue de Trachy

Finally, the east entry arch will be erected in its normal position at West Park and the western arch is likely to be erected at the western end of Lay-by 4. Other details are as per the 2015 Order.

Recommendation

The Minister is recommended to approve in principle the Battle of Flowers 2016 and the preparation of an Order under Article 2 of the Entertainments on Public Roads (Jersey) Law 1985.

Reason(s) for Decision

The proposed road closures and associated traffic management are reasonable and justified in the light of the positive benefits to the Island.

Resource Implications

DfI Officer and Law Draftsman’s time

Action Required

To forward a copy of the Ministerial Decision along with an Instructing Memorandum and the Promoter’s Application to the Law Draftsman.

Written by:	Technical Assistant, Traffic and Infrastructure
Approved by:	Director, Engineering and Infrastructure