Tourism (General Provisions) (Jersey) Order 1990: Relax Requirements of Registration and Changes to the Registration Fee Payable: 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 31 January 2014:

Decision Reference: MD-E-2014-0009
Decision Summary Title :	Approval of Law Drafting instructions for amendment of the Tourism (General Provisions) (Jersey) Order 1990		Date of Decision Summary:	28 January 2014
Decision Summary Author:	Hospitality and Leisure Manager		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	LDI – Amendment to Tourism (General Provisions) (Jersey) Order 1990 - Relax Requirements of Registration and Changes to Registration Fee Payable		Date of Written Report:	28 January 2014
Written Report Author:	Hospitality and Leisure Manager		Written Report : Public or Exempt?	Public
Subject: Tourism (General Provisions) (Jersey) Order 1990: Relax Requirements of Registration and Changes to the Registration Fee Payable: Law Drafting Instructions.
Decision(s): The Minister agreed amendments to be made to the Tourism (General Provisions) (Jersey) Order 1990 for the relaxation of requirements under Article 6, requirements for registration as guest house, and changes to Article 21, Registration Fee and decided to ask the Law Draftsman to prepare the necessary Order.
Reason(s) for Decision: The department received a request from an existing establishment wishing to diversify from the traditional business model of a guest house. The outcome of this request has highlighted a greater use of the premises for guest rooms/suites against traditional facilities demanded by the current Order. It is envisaged that the amendments to the Order will allow more flexibility for the use of premises and give proprietors the opportunity to offer an alternative accommodation product. Following the request for registration for a temporary camp site it was found that there is no flexibility within the Order to reduce the registration fee payable for such a registration. This change will give flexibility to reduce such a fee in line with the temporary nature and length of the operation. The department consulted with Jersey Tourism and the Jersey Hospitality Association with both organisations approving of the changes.
Resource Implications: There are no resource implications to the States.
Action required: Hospitality and Leisure Manager to pass the law drafting instructions to the Law Draftsman to request that the Order be amended.
Signature: Senator A.J.H Maclean		Position: Minister for Economic Development
Date Signed:		Date of Decision (If different from Date Signed):