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Motor Vehicles (Removal from Private Land) (Jersey) Regulations 201-

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 4 April 2019

MINISTERIAL DECISION REFERENCE:  MD-HA-2019-0039

Decision Date: 29th March 2019

DECISION SUMMARY TITLE: Draft Motor Vehicles (Removal from Private Land) (Jersey) Regulations 201- Decision to lodge ‘au Greffe’

DECISION SUMMARY AUTHOR:

Policy Principal

Strategic Policy, Performance and Population

IS THE DECISION SUMMARY PUBLIC OR EXEMPT?  (if exempt state the relevant article/paragraph of the Freedom of Information Law/Regulations)

Public

REPORT TITLE: Draft Motor Vehicles (Removal from Private Land) (Jersey) Regulations 201- Decision to lodge ‘au Greffe’

REPORT AUTHOR OR NAME OF PERSON GIVING REPORT:  (if different from Decision  Summary Author)

Policy Principal

Strategic Policy, Performance and Population

IS THE REPORT PUBLIC OR EXEMPT  (if exempt state the relevant article/paragraph of the Freedom of Information Law/Regulations)

Public

DECISION AND REASON FOR THE DECISION:

The Minister for Home Affairs approved for lodging ‘au Greffe’ the draft Motor Vehicles (Removal from Private Land) (Jersey) Regulations 201-.

 

Following the adoption of the Motor Vehicles (Removal from Private Land) (Jersey) Law 201- by the States Assembly in November 2018, the Minister has brought forward draft Regulations that establish the various processes by which private landowners will be able to seek the removal of motor vehicles from their land when they are no authorised to be there. The draft Regulations also include provision to make it an unlawful practice to interfere or immobilise (e.g. wheel clamp) a motor vehicle.

 

RESOURCE IMPLICATIONS:

There are no resource implications connected with the lodging of the draft Regulations. Where the draft Regulations establish a requirement to provide information or carry out a registration activity, the relevant authority is permitted to charge for this activity.

 

ACTION REQUIRED:

The Policy Principal will notify the Greffier of the States of this Ministerial Decision and request for arrangements to be made for the draft Regulations to be lodged ‘au Greffe’ for debate by the States Assembly.

 

SIGNATURE:

 

 

 

POSITION:

 

Connétable Len Norman

Minister for Home Affairs

DATE SIGNED:

EFFECTIVE DATE OF THE DECISION:

 

 

 

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