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Information and public services for the Island of Jersey

L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Legal Deposit (Jersey) Law 2007 (Appointed Day Act) and Legal Deposit (Jersey) Regulations 200-

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (26.03.08) to approve the draft Legal Deposit Law 2007 (Appointed Day Act) and the draft Legal Deposit Regulations.

Decision Reference: MD-ESC-2008-0010

Decision Summary Title):

Legal Deposit (Jersey) Law 2007(Appointed Day Act)

 

Legal Deposit (Jersey) Regulations 200-

Date of Decision Summary:

3/3/08

Decision Summary Author:

 

D Greenwood,

Assistant Director, Culture and Lifelong Learning

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title:

Legal Deposit (Jersey) Law 2007(Appointed Day Act)

 

Legal Deposit (Jersey) Regulations 200-

Date of Written Report:

26/2/08

Written Report Author:

P Davis,

Chief Librarian

Written Report :

Public or Exempt?

 

Public

Subject: An Appointed Day Act for the introduction of the Legal Deposit (Jersey) Law, together with Regulations which will have the effect of extending and amending the definition under the Legal Deposit Law of works that are to be deposited in the Jersey Library.

 

Decision(s):

 

(a)  The Minister approved the draft Legal Deposit (Jersey) Law 2007(Appointed Day) Act 200-, the effect of which would be to enable the Legal Deposit (Jersey) Law to come into force on 1st June 2008.

 

(b)  The Minister approved the draft Legal Deposit (Jersey) Regulations 200-, the effect of which would be to

 

- extend the law to include works published in electronic form but excluding those published only on the internet 

 

- identify certain items that would be exempt from the duty to deposit with the Jersey Library.

 

 

 

Reason(s) for Decision: The States approved the Legal Deposit (Jersey) Law on 26th September 2006, and it has now been registered with the Royal Court.

 

The Appointed Day Act provides for the Law to commence on 1st June 2008. From that date, publishers will be required to deposit a copy of each work as required under the Law at the Jersey Library.

 

 

 

Resource Implications:

 

No new resources are required

 

Action required: Officers to liaise with States Greffe to arrange for the draft Appointed Day Act and Regulations to be lodged ‘au Greffe’ on or before 1st April for consideration by the States on 13th May

 

 

Signature:

 

 

Position:

Minister for Education, Sport and Culture

 

Date Signed:

 

 

Date of Decision:

 

 

 

 

 

 

 

Legal Deposit (Jersey) Law 2007 (Appointed Day Act) and Legal Deposit (Jersey) Regulations 200-

 

 

 

 

EDUCATION, SPORT AND CULTURE MINISTER

 

REPORT

 

 

The Legal Deposit (Jersey) Law 2007 (P.90/2006) was adopted by the States on 26th September 2006. This new legislation requires any person who publishes a work in the printed medium in Jersey to deposit a copy of the work with the Jersey Library. This ensures that works published in Jersey will become part of Jersey’s cultural heritage and will be preserved for the benefit of present and future generations. An Appointed Day Act has been prepared to enable the States to implement the Law with effect from 1st June 2008.

 

The Legal Deposit Regulations modify the effect of the Legal Deposit (Jersey) Law 2007 and describe how the Law will be applied. In particular, they:

 

1.      extend the law to include works published in electronic form but excluding those published only on the Internet 

2.      identify certain items that are exempt from the duty to deposit

 

The Regulations, if approved, will be applied on the day the Legal Deposit (Jersey) Law 2007 comes into force.

 

Financial & Manpower Implications

There are no additional financial or manpower implications arising from this proposition. 

 

 

 

 

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