Delegation of Functions: Housing-related legislation

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 04 October 2018

MINISTERIAL DECISION REFERENCE: MD-H-2018-0019
DECISION SUMMARY TITLE: Delegation of functions: housing-related legislation
DECISION SUMMARY AUTHOR:	Policy Principal Strategic Policy, Performance and Population	IS THE DECISION SUMMARY PUBLIC OR EXEMPT? (if exempt state clause from Code of Practice booklet and from 1st January 2015 stating the relevant article/paragraph of the Freedom of Information Law/Regulations)		Public
REPORT TITLE: Delegation of functions: housing-related legislation
REPORT AUTHOR OR NAME OF PERSON GIVING REPORT: (if different from Decision Summary Author)	Policy Principal Strategic Policy, Performance and Population	IS THE REPORT PUBLIC OR EXEMPT (if exempt state clause from Code of Practice booklet and from 1st January 2015 stating the relevant article/paragraph of the Freedom of Information Law/Regulations)		Public
DECISION AND REASON FOR THE DECISION: The Minister for Housing decided, in accordance with Article 28 of the States of Jersey Law 2005, to delegate the functions vested in the Minister by: The Building Loans (Jersey) Law 1950, including legislation made under the Law, to the Treasurer of the States and any other officer as instructed by them. The Lodging Houses (Registration) (Jersey) Law 1962, including legislation made under the Law, to the Housing Control Manager, and any other officer as instructed by them. Article 15(1) of the Lodging Houses (Registration) (Jersey) Law 1962, in relation to the inspection of registered lodging houses, to the Head of Environmental Health and any other officer as instructed by them. The reason for the Ministerial Decision is to ensure the effective administration of housing-related matters for which the Minister is responsible for under both laws. The nature and scope of the delegations of functions are explained in the attached report.
RESOURCE IMPLICATIONS: There are no resources implications arising from the Ministerial Decision.
ACTION REQUIRED: The Greffier of the States to be requested to arrange for the attached Report to be presented to the States Assembly for information.
SIGNATURE:			POSITION: Senator Sam Mézec Minister for Children and Housing
DATE SIGNED:			EFFECTIVE DATE OF THE DECISION: