Report for Minister for Home Affairs
Delegation of functions to the Assistant Minister - updated
Article 28 of the States of Jersey Law 2005 (‘the Law’) permits a Minister to delegate, wholly or partly, functions to an Assistant Minister.
The Law states, inter alia, that:
(1) A Minister may delegate, wholly or partly, functions conferred upon or vested in the Minister by or under this Law or any other enactment or any enactment of the United Kingdom having effect in Jersey, to –
(a) one of his or her Assistant Ministers;
(b) an officer.
(2) A Minister shall not delegate –
(a) any power to make an enactment;
(b) any power to decide an appeal under an enactment;
(c) any function the delegation of which is prohibited by an enactment.
(3) The delegation of functions by a Minister under this Article shall not prevent the Minister exercising those functions personally.
On 18 December 2014 the Minister delegated all functions to the Assistant Minister in case of her absence or unavailability due to illness (MD-HA-2014-0074).
However, as the Assistant Minister has direct responsibility for all matters relating to the States of Jersey Fire and Rescue Service; the Jersey Customs and Immigration Service and the Office of the Superintendent Registrar, it is desirable for the Assistant Minister to be delegated all powers and functions in relation to these areas.
In case of the Minister’s absence from the Island or unavailability through illness, it is also desirable for the Assistant Minister to have delegated functions for all other matters in those situations.
Recommendation:
It is recommended that the Minister for Home Affairs, Deputy Kristina Moore, delegates all her powers and functions relating to the States of Jersey Fire and Rescue Service; the Jersey Customs and Immigration Service and the Office of the Superintendent Registrar to the Assistant Minister, Connétable Deidre Mezbourian; and that she delegates all powers and functions in relation to other areas to the Assistant Minister in case of the Minister’s absence from the Island or unavailability through illness.
It is recommended that the Minister instructs the Executive Officer, Home Affairs, to request the Greffier of the States to present this updated delegation to the States as a Report.
Executive Officer, Home Affairs
10 February 2015