Planning and Environment: Delegation of Statutory Powers (August 2012)

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 16 August 2012:

Decision Reference: MD-PE-2012-0090
Decision Summary Title:	Delegation of Statutory Powers		Date of Decision Summary:	16th August 2012
Decision Summary Author:	Director – Development Control		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Oral		Person Giving Oral Report:	Director – Development Control
Written Report Title:	N/A		Date of Written Report:	N/A
Written Report Author:	N/A		Written Report : Public or Exempt?	N/A
Subject: Delegation of Statutory Powers
Decision(s): By virtue of the power conferred on him by Article 28(1) of the States of Jersey Law 2005 the Minister has delegated the functions conferred upon or vested in him under the relevant legislation as indicated in the Scheme of Delegation for the Minister of Planning and Environment August 2012– attached. In particular, the Minister has made some minor variations to the previous Scheme of Delegation of December 2011, to correct some typographical errors and to provide additional decision-making powers to officers for minor applications within the Coastal National Park.
Reason(s) for Decision: To ensure that decisions are made at the appropriate level in the Ministry and Department to ensure the efficient administration of the Minister’s duties and responsibilities.
Resource Implications: None
Action required: The Greffier of the States be requested to re-present the agreement on delegation of functions to the States at the earliest opportunity
Signature: Deputy R Duhamel		Position: Minister Initials AS/PLG
Date Signed:		Date of Decision (If different from Date Signed):