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Delegation of Functions: Minister for Economic Development, Tourism, Sport and Culture: Shipping Delegations

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.

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  • 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 23 July 2021

Decision Reference: MD-E-2021-0029

Decision Summary Title :

Shipping Delegations 2021

Date of Decision Summary:

20th July 2021

Decision Summary author

Head of Local Economy

Decision Summary:

Public or exempt?

Public

Type of report:

Oral or Written?

Written

Person giving

Oral Report:

n/a

Written Report

title :

Shipping Delegation of Functions

Date of Written Report:

30th June 2021

Written Report author

Head of Local Economy

Written Report:

Public or exempt?

Public

Subject: Update to Shipping Delegations and notification to States Assembly.

Decision:

The Assistant Minister with delegated responsibility for shipping policy decided to confirm delegations and entrustment of certain of his statutory functions under shipping and harbours legislation in accordance with Articles 28, 30 and 30A of the States of Jersey Law 2005.

 

The Assistant Minister agreed that the Harbour Master should be formally appointed to fulfil the role of Registrar of Shipping and that duly sworn-in Acting Harbour Masters appointed under the Harbours (Administration) (Jersey) Law 1961, with appropriate experience, be empowered to act on their behalf in their absence when so authorised. The decision will mean day-to-day operational matters are handled by the Harbour Master / Registrar of Shipping.

 

Harbours (Inshore Safety) (Jersey) Regulations 2012-  Entrustment

The Minister continues to entrust the Harbour Authority with responsibility for designating inshore sea areas for the purpose of sport and recreational activities, as previously recorded in report R. 136/2015.

 

Neither entrustment nor delegation removes the right of the Minister to make a decision or issue a direction.

Reasons for Decision:

These delegations will increase operational efficiency in relation to the Shipping Registry, and update delegations of specific postholders where there have been post moves and vacated posts have been changed. Given these developments, a number of shipping and harbours delegations and related responsibilities ae being re-stated and, in some cases, updated. These are set out in the attached Report.

 

Articles 30 and 30A of the States of Jersey Law 2005 require the Minister to notify the States Assembly of such delegations, that they are published and a consolidated list maintained. The attached report provides this consolidated list.

Resource Implications: There are no financial or manpower implications arising from this decision.

Action required: The Private Secretary to request the Greffier of the States to arrange for the shipping delegations to be presented to the States as a report in the R series.

Signature:

 

 

 

 

 

Deputy Kirsten Morel

Position:

 

Assistant Minister for Economic Development, Tourism, Sport and Culture – with delegated responsibility for shipping policy

Date signed:

Date of Decision (If different from Date Signed)

 

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