Lodging Houses (General Provisions) (Amendment No. 18) (Jersey) Order 2013

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 24 October 2013:

Decision Reference: MD-H-2013-0076
Decision Summary Title :	Lodging Houses (General Provisions) (Jersey) Order 1962		Date of Decision Summary:	9 October 2013
Decision Summary Author:	Housing Control Manager		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Oral report		Person Giving Oral Report:	Housing Control Manager
Written Report Title :	N/A		Date of Written Report:	N/A
Written Report Author:	N/A		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	N/A
Subject: Lodging Houses (General Provisions) (Amendment No. 18 ) (Jersey) Order 2013
Decision(s): The Minister agreed to make an Order to formalise established policy not to apply a fee in respect of children under the age of five years which are separately detailed on the Registration Certificate for registered lodging houses, in pursuance of Articles 5 and 19 of the Lodging Houses (Registration) (Jersey) Law 1962, as amended, and to increase the current fee for the registration of lodging houses from £12.67 to £13.00, multiplied by the maximum number of persons proposed to be lodged, effective from 1st December 2013.
Reason(s) for Decision: Articles 19 of the Lodging Houses (Registration) (Jersey) Law 1962, as amended states that the Minister may by Order prescribe the fees payable under this Law, which fees may be so prescribed as to vary in amount according to such matters as the Minister may think proper. Each year an Order is made to revise the fee to be payable which is multiplied by the maximum number of persons proposed to be lodged. Since 2000, it has been the policy of the Minister, and former Housing Committee, not to apply this fee in respect of children under the age of five years who are separately detailed on the Registration Certificate, however, within the Lodging Houses (Registration) (Jersey) Law 1962 and the Lodging Houses (General Provisions) (Jersey) Order 1962, no such exception is expressly provided for, therefore as the Law stands, the registration fee payable should include everybody lodging in the lodging house irrespective of age. The Order will serve to amend Article 4 of the Lodging Houses (General Provisions) (Jersey) Order 1962,such as to give effect to the following: The fee to accompany an application for registration, or for the renewal of registration, of a lodging house under Article 5 of the Law shall from 1st December 2013 be increased from £12.67 to £13.00, which represents a 2.5% increase in line with established States charging policy, The fee of £13.00 shall only apply in respect of proposed lodgers aged five and over multiplied by the maximum number of such lodgers proposed to be lodged at the lodging house. Children under the age of five years who are separately detailed on the Registration Certificate will not be charged for.
Resource Implications: There are no resource or manpower implications for this decision.
Action required: The signed Order to be forwarded to the Publications Editor of the States Greffe and to request the Greffier of the States to arrange for the Order to be notified to the States.
Signature: Deputy Andrew Green MBE		Position: Housing Minister
Date Signed:		Date of Decision (If different from Date Signed):