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Information and public services for the Island of Jersey

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

Delegation of Functions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 11 December 2012:

Decision Reference: MD-E-2012-0117 

Decision Summary Title :

DS – Delegation of Functions

Date of Decision Summary:

18 September 2012

Decision Summary Author:

 

Group Business Manager

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title :

Delgated Functions

Date of Written Report:

18 September 2012

Written Report Author:

Group Business Manager

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Delegation of functions

 

Decision(s): Delegation of Functions under the Public Finances (Jersey) Law 2005 and Public Finances (Transitional Provisions – States Trading Operations) (Jersey) Regulations 2005

 

Reason(s) for Decision:
Article 28 of the States of Jersey Law 2005 enables a Minister to delegate functions to one of his or her Assistant Ministers or officers. In order for effective functioning of the Department, the Minister has decided on delegations as set out in the report. This decision extends MD-E-2012-0019 to cover the Jersey Harbours Trading Fund.

Resource Implications:

None

 

Action required:

The Greffier of the States to be requested to arrange for the Report to be presented to the States in due course.

Signature:

 

 

Senator AJH Maclean

Position:

 

Minister - Economic Development

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

Delegation of Functions

WRITTEN REPORT

DELEGATED FUNCTIONS: AMENDMENT

Article 28 of the States of Jersey Law 2005 enables a Minister to delegate functions:-

(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.

The Minister is recommended to approve the delegated functions listed below:

Legislation

Delegation

Delegation To

Public Finances (Jersey) Law 2005, Part 4

 

 

In relation to the work of Jersey Airport and Jersey Harbours

 

Assistant Minsiter, Deputy James Baker

Public Finances (Transitional Provisions – States Trading Operations) (Jersey) Regulations 2005

 

In relation to the Jersey Airport and Jersey  Harbours Trading Funds

Assistant Minsiter, Deputy James Baker

 

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