Postal Services (Transfer) (Jersey) Regulations 2006: Amendment: Law drafting instructions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 7 August 2017:

Decision Reference: MD- PE- 2017-0081
Decision Summary Title:	Amendment to the Postal Services (Transfer)(Jersey) Regulations 2006		Date of Decision Summary:	03 August 2017
Decision Summary Author:	Business Director		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Oral		Person Giving Oral Report:	Business Director
Written Report Title:	n/a		Date of Written Report:	n/a
Written Report Author:	n/a		Written Report : Public or Exempt?	n/a
Subject: Amendment to the Postal Services (Transfer)(Jersey) Regulations 2006
Decision: The Minister decided to amend the Postal Services (Transfer)(Jersey) Regulations 2006
Reason for Decision: To amend the Postal Services (Transfer)(Jersey) Regulations 2006, to give the Minister for Infrastructure the ‘consent’ role, included in Schedule 1, Section 9 of this Regulations. Schedule 1, Section 9 of the Postal Services (Transfer)(Jersey) Regulations 2006 states: That the Premises will be used solely for the purposes of warehousing and that no other business will be conducted on the same without the consent in writing of the Minister for the Environment. And in the case where the Company ceases to use the Premises and the buildings which are or which will in the future be erected on same in connection with the business of the Company, the Company will not be able to lease, sell or otherwise dispose of same without having obtained the prior consent of the Minister for the Environment. Having considered the above Schedule, the Minister for the Environment and Minister for Infrastructure agree that the ‘consent’ role sits better under the responsibilities of the Minister for Infrastructure.
Resource Implications:- None
Action required: The Business Director to request the Law Draftsman to prepare revised Regulations
Signature: Deputy S Luce		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):