Education (Jersey) Law 1999: 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 3 February 2016:

Decision Reference: MD-ESC-2016-0006
Decision Summary Title :	Changing powers to amend Schedule 1 Education (Jersey) Law 1999		Date of Decision Summary:	1st February 2016
Decision Summary Author:	Director Policy & Planning, Education Department		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Oral		Person Giving Oral Report:	Director Policy & Planning, Education Department
Written Report Title :	n/a		Date of Written Report:	n/a
Written Report Author:	n/a		Written Report : Public or Exempt?	n/a
Subject: To amend the Education (Jersey) Law 1999 to grant power to the Minister to amend Schedule 1 by Order.
Decision(s): The Minister agreed that the Law Draftsman should be requested to prepare a draft amendment to the Education Law to replace the Regulation-making power in Article 3(4) of the Education (Jersey) Law 1999 by a power for the Minister to amend Schedule 1 to that Law by Order.
Reason(s) for Decision: By granting the Minister for Education the power to change or remove the name of a Provided School from Schedule 1 (Article 3) of the Education (Jersey) Law 1999 by Order will result in a more efficient and appropriate way for such changes to be made in the future.
Resource Implications: Law Drafting time.
Action required: Request the Law Draftsman to prepare the necessary draft amendment to the Education Law.
Signature:		Position: Minister for Education
Date Signed:		Date of Decision (If different from Date Signed):