Health Care (Registration) (Jersey) Law 1995: Extending Delegation of Ministerial Functions

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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 16 September 2013:

Decision Reference: MD-HSS-2013-0029
Decision Summary Title :	Health Care (Registration) (Jersey) Law 1995 – Extending Delegated Functions to MOH		Date of Decision Summary:	9 August 2013
Decision Summary Author:	Medical Officer of Health		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	-
Written Report Title :	Extending Delegated Functions to Medical Officer of Health		Date of Written Report:	9 August 2013
Written Report Author:	Registration and Inspection Manager		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Health Care (Registration)(Jersey) Law 1995 – Extending Delegation of Ministerial Functions to the MOH
Decision(s): Under the Article 28 of the States of Jersey Law 2005, the Minister for Health and Social Services has delegated the power under Article 6(1)(b) and 6(2) of the Health Care (Registration) (Jersey) Law 1995 to the Medical Officer of Health to: (i) attach conditions to the registration and renewal of registration of any person (ii) where an application for registration is granted subject to conditions, furnish the applicant with a statement in writing of the Minister’s reasons for so doing
Reason(s) for Decision: To enable those registered under the Jersey Law, by virtue of registration with a UK regulatory body to be subject to the same sanctions when these are applied to an individual by the UK regulator
Resource Implications: None
Action required: Present a report to the States outlining the new delegations. Update H&SSD list of delegated functions
Signature:		Position: Minister for Health and Social Services
Date Signed:		Date of Decision (If different from Date Signed):

Health Care (Registration) (Jersey) Law 1995: Extending Delegation of Ministerial Functions

STATES OF JERSEY HEALTH AND SOCIAL SERVICES DEPARTMENT

Public Health Department

Health Care (Registration) Law 1995

Extending Delegated Functions to Medical Officer of Health

Report

Introduction

This report sets out the rationale for extending the delegated functions of the Medical Officer of Health under the above Law to include attaching conditions to the registration or renewal of registration of health professionals.

Background

The Medical Officer of Health has a number of delegated functions under the above Law in particular related to the registration process. These are:

approve the registration of persons in registrable occupations
remove the name of a registered person from the register if they do not apply for annual registration in the month of December
amend the register if any particulars are erroneous in any respect

The scope of delegation however does not extend to the Minister’s power Under Article 6 to refuse or attach conditions to a registration or a renewal of registration.

Issue

On 25 April the NMC imposed an interim suspension on a nurse who is also registered in Jersey, on the grounds of protecting the public. The details of the case were forwarded to the Attorney General to request, if possible, temporary removal from the Jersey register during the period of the suspension.

Unfortunately the view from the Legal Adviser from the Attorney General’s department is that there is no provision under the Jersey Law for local suspension or removal on the grounds of interim suspension of registration by the NMC (there is provision in the case of the NMC striking off a registrant or suspension following a substantive hearing).

The Legal Adviser did however suggest an alternative route for future registrations of health professionals who are registered by virtue of holding a ‘prescribed qualification’, i.e. registration with a UK regulatory body. This relies on attaching a condition to all new registrations and for all renewal of registrations from 31 December 2013. This condition would require the registrant to hold the prescribed qualification for the whole period of his or her Jersey registration. Where there is a breach of this condition, there is power within the Law to make representation to the Royal Court to cancel the registration.

As currently only the Minister can apply such a condition, and the volume of registrations is considerable it is requested that for logistical reasons this function is delegated to the MOH.

Drafting instructions are with the Law Drafting Office that will substantively amend the Health Care Registration Law and include greater powers of suspension and removal, however this is likely to take some time and the proposed is an interim suggestion until the Law is amended.

Recommendation

Delegate the Minister’s responsibility under Article 6(1)(b) and 6(2) of the Health Care (Registration) (Jersey) Law 1995 to the Medical Officer of Health namely:

Determination of application for registration

(1) ………….., the Minister may –

(b) attach conditions to the registration or renewal of registration of any person

(2) Where the Minister refuses to grant the application or grants the application subject to conditions, he or she shall furnish the applicant with a statement in writing of the Minister’s reason for so doing

Christine Blackwood

Registration and Inspection Manager

9 August 2013