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Delegation of Functions: Minister for Justice and Home Affairs: Agent of the Impots

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 9 August 2024:

Decision Reference:  MD-HA-2024-600

Public

Subject: States of Jersey Law 2005: Delegation of functions - Minister for Justice and Home Affairs

 

Report Title: States of Jersey Law 2005: Delegation of functions - Minister for Justice and Home Affairs

Decision(s):

The Minister for Justice and Home Affairs decided to delegate certain ministerial functions under Articles 28, 30 and 30A of the States of Jersey Law 2005, as detailed in the accompanying report.

Reason for Decision(s):

Article 28 of the States of Jersey Law 2005 enables a Minister to delegate functions wholly or partly conferred upon or vested in the Minister; Article 30 of the Law requires a Minister who delegates functions under Article 28 to present to the States a report specifying the functions delegated and to whom they are delegated and Article 30A requires ministerial responsibilities to be published.  This delegation of authority under Article 55(2) of the Customs and Excise (Jersey) Law 1999 to the Agent of the Impôts will facilitate the swift and appropriate treatment, by the Jersey Customs and Immigration Service, of goods detained, seized or forfeited.

Resource Implications: None as a consequence of this decision.

 

Action Required: The Greffier of the States to be requested to arrange for the attached report to be presented to the States.

Signature:

 

 

Signed By: Minister for Justice and Home Affairs

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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