Security Interests (Jersey) Law 2012: Law drafting instructions for Order

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 13 December 2013:

Decision Reference: MD-C-2013-0155
Decision Summary Title :	Law drafting instructions for the drafting of an Order in relation to the Security Interests (Jersey) Law 2012		Date of Decision Summary:	12 December 2013
Decision Summary Author:	Officer, Finance Industry Development, Financial Services		Decision Summary: Public or Exempt? (If 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 :	Law drafting instructions for the drafting of an Order in relation to the Security Interests (Jersey) Law 2012		Date of Written Report:	12 December 2013
Written Report Author:	Officer, Finance Industry Development, Financial Services		Written Report : Public or Exempt? (If exempt, state clauses from Code of Practice booklet)	Exempt (3.2.1(a)(xiv))
Subject: The drafting of an Order in relation to the Security Interests (Jersey) Law 2012
Decision(s): The Minister approved the drafting of an Order in relation to the Security Interests (Jersey) Law 2012.
Reason(s) for Decision: Article 4 of the Security Interests (Jersey) Law 2012 (“the Law”) deals with the Application of the Law. Article 4A of the Law allows Security Interests to be prescribed to which, in all or any prescribed circumstances, any prescribed provision of this Law shall not apply or shall apply only to the extent prescribed. Due to the international direction of movement in the area of conflict of laws, it is undesirable for Article 4(a)(vii), (ix) and (x) to apply in the manner currently drafted. It is therefore proposed that an Order be drafted prescribing the extent of the application of these provisions in line with the current position internationally on conflict of laws.
Action required: That the Order be drafted by the Law Draftsman’s Office on the basis of law drafting instructions prepared by the department.
Signature:		Position: Deputy Chief Minister of Jersey
Date Signed:		Date of Decision (If different from Date Signed):