Transport and Technical Services: Delegation of Functions and Approval of Spending Powers

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A decision made 20 January 2012:

Decision Reference: MD-T-2012-0006
Decision Summary Title :	Delegation of Functions and Approval of Spending Powers			Date of Decision Summary:	12 January 2012
Decision Summary Author:	Senior Management Accountant			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:	Delegation of Functions and Approval of Spending Powers			Date of Written Report:	12 January 2012
Written Report Author:	Senior Management Accountant			Written Report : Public or Exempt? (If Exempt State clauses from Code of Practice booklet)	Public
Subject: Transport and Technical Services - Delegation of Functions and Approval of Spending Powers
Decision(s): The Minister approved the delegation of functions to the Chief Officer and to specified departmental officers, the necessary authority to determine certain matters as detailed in the accompanying report, in accordance with Article 28 of the Public Finances (Jersey) Law 2005, as amended. He further requested that the Greffier of the States present to the States Assembly the list of delegated functions approved. The Minister noted the authorised signatory schedule and approved expenditure limits (attached at Appendix A) which are reflected in the procurement, purchase card and invoice approval systems.
Reason(s) for decision: To provide effective administration of certain matters for which the Minister is responsible under legislation for Transport and Technical Services, Jersey Car Parking and Jersey Fleet Management.
Resource Implications: There are no resource implications.
Action required: The Accounting Officer, Transport and Technical Services to: (i) request the Greffier of the States to present the list of delegated functions approved to the States Assembly as a report; and (ii) inform delegates of the decision.
Signature:		Position:
Date Signed:			Date of Decision:

Transport and Technical Services: Delegation of Functions and Approval of Spending Powers

TRANSPORT AND TECHNICAL SERVICES DEPARTMENT

Delegation of Functions

Purpose of Report

To request the Minister’s approval to the delegation of certain matters from the Minister to the Chief Officer and specified departmental officers in accordance with Article 28 of the Public Finances (Jersey) Law 2005, as amended. In addition to note the authorised signatory schedule and approved expenditure limits (attached at Appendix A) which are reflected in the procurement, purchase card and invoice approval systems.

Background

To allow the efficient and effective administration of the laws which Transport and Technical Services is responsible for, certain matters can be delegated to named officials. The attached list details each of these delegations, the relevant law, details of what is being delegated and the officers who are delegated to make these decisions.

Main Content / Subject matter

In any event whereby an individual is in an “acting role” for any period of time, that individual is to acquire the delegated functions of the role into which they are acting up as set out in this report.

Driver Vehicle Standards

Legislation:	Motor Vehicles (Driving Licences) (Jersey) Order 2003, Article 13(1)].
Delegate:	Inspector of Motor Traffic Deputy Inspector of Motor Traffic
Function delegated:	Approve arrangements and instructors to carry out Compulsory Basic Training (CBT).
Scope of delegation:	The Minister is responsible for holding or arranging courses and approving instructors conducting such courses that provide basic training and test competence to ride a moped or light motorcycle on the road with a provisional licence

Legislation:	Road Traffic (Jersey) Law 1956 Article 6 (1), (3), (4), (5)
Delegate:	Inspector of Motor Traffic Deputy Inspector of Motor Traffic
Function delegated:	All matters associated with maintaining a register of driving instructors
Scope of delegation:	The Minister is required to maintain a register of driving instructors, adding instructors to and removing them from the register. The Minister would be notified of any person whose application to be on the register has been refused or who has been removed from the register.

Legislation:	Road Traffic (Jersey) Law 1956 Article 8 (6) and Motor Cars (Driving Instruction)(Jersey) Order 1982 Article 1
Delegate:	Inspector of Motor Traffic Deputy Inspector of Motor Traffic
Function delegated:	Appointment of examiners to conduct examinations and tests
Scope of delegation:	The Minister (as the “licensing authority” in the case of granting driving licences) is responsible for appointing persons to conduct examinations and tests for the purposes of testing competence to drive and for entering a person’s name in the register of driving instructors. These persons are invariably officers in the Department but there may be occasions when it would be desirable to appoint suitably qualified persons who are not from the Department e.g. when an examiner is on long-term sick leave.

Legislation:	Motor Cars (Driving Instruction)(Jersey) Order 1982 Article 3 (1), (4)
Delegate:	Inspector of Motor Traffic Deputy Inspector of Motor Traffic
Function delegated:	Determining particulars to be supplied by candidates for examination and testing to become driving instructors. Determining the form of examination and tests to be undertaken by candidates wishing to become driving instructors
Scope of delegation:	The Minister is responsible for determining particulars to be supplied by those wishing to become driving instructors and for determining the form of examination and tests that candidates should undertake successfully to become a driving instructor

Legislation:	Road Traffic Law 1956 Article 78 (3)]
Delegate:	Inspector of Motor Traffic Deputy Inspector of Motor Traffic Senior Traffic Officer
Function delegated:	Manner of application for licences for vehicles exempting them from complying with the requirements of the Motor Vehicles (Construction and Use)(Jersey) Order 1998 – P30 applications
Scope of delegation:	The Minister is responsible for determining how applications should be made to exempt vehicles from the requirements of Construction and Use legislation. Invariably (but not exclusively) these tend to be applications for vehicles wider than the normal permitted width to circulate in the Island. Granting approval is the responsibility of the Inspector of Motor Traffic

Legislation:	Motor Vehicles (Construction and Use)(Jersey) Order 1998 Article 118 (2)
Delegate:	Inspector of Motor Traffic Deputy Inspector of Motor Traffic Senior Traffic Officer
Function delegated:	Specifying form of defect notice
Scope of delegation:	A defect notice should state what provision of the Order is contravened, require the owner to remedy the defect and present the vehicle for examination at a date, time and place so that it can be verified that the defect has been rectified or a notice may be issued for the purpose of carrying out a more thorough examination of the vehicle for other defects

Legislation:	Motor Vehicles (Construction and Use)(Jersey) Order 1998 Article 119 (1)
Delegate:	Inspector of Motor Traffic Deputy Inspector of Motor Traffic Senior Traffic Officer
Function delegated:	Designating place to impound vehicles for further testing
Scope of delegation:	If any vehicle is impounded at a road check it should be towed by the owner to a place for examination, a garage for repairs or to be scrapped. The DVS test station at La Collette is specified in the Order for further testing but it can be such other place as the Minister may designate. There are times when it may be more appropriate to have the vehicle taken to another place for further tests

Legislation:	Motor Traffic Law 1935 Article 9 (1), (2), (3)
Delegate:	Inspector of Motor Traffic Deputy Inspector of Motor Traffic Senior Traffic Officer
Function delegated:	Granting public service licences and the conditions attached thereto
Scope of delegation:	Issuing psv licences (plates) for omnibuses, char-a-bancs and taxicabs. Subject to the Minister approving policies for granting licences, approving standard conditions of licence. Those recommended for refusal of a licence or who appeal against a condition will be notified to the Minister

Legislation:	Motor Traffic Law 1935 Article 10 (1)
Delegate:	Inspector of Motor Traffic Deputy Inspector of Motor Traffic Senior Traffic Officer
Function delegated:	Suspending public service vehicle licences
Scope of delegation:	Suspending a public service vehicle licence where the conduct of the licence-holder in operating the service or non-compliance with conditions of licence warrant it. The licence holder can appeal to the Minister

Legislation:	Motor Traffic Law 1935 Article 30 (1)
Delegate:	Inspector of Motor Traffic Deputy Inspector of Motor Traffic Senior Traffic Officer
Function delegated:	Suspending public service vehicle badges
Scope of delegation:	Suspending a public service vehicle badge where the conduct or health of the badge-holder warrants it. The badge holder can appeal to the Minister

Legislation:	Third Party Insurance) (Jersey) Law 1948 Article 4
Delegate:	Inspector of Motor Traffic Deputy Inspector of Motor Traffic
Function delegated:	Approving authorised insurers
Scope of delegation:	All providers of insurance in Jersey are licensed by the Jersey Financial Services Commission (JFSC). However, providers of motor insurance must be approved by the Minister. Subject to insurers meeting the criteria set out in Article 4(2) of the Law and the application from the insurer being supported by the JFSC, approving authorized insurers. Where the application does not comply fully with the criteria or refusal to authorise is considered, the application will be presented to the Minister for decision.

Finance

Legislation:	Public Finances (Jersey) Law 2005
Delegate:	Chief Officer Finance Director
Function delegated:	Compliance of all Finance Directions issued under Article 34 of the Public Finances (Jersey) Law 2005 where they relate to the finances or operations of the department
Scope of delegation:	To enable compliance with all Finance Directions and to ensure specific requirements contained within each of the Financial Directions are delegated to the Chief Officer and or Finance Director

Legislation:	Public Finances (Jersey) Law 2005
Delegate:	Chief Officer Finance Director Finance Officer
Function delegated:	Write off bad debts: Chief Officer/Finance Director for an individual value of less than £25,000 and a combined annual total of less than £200,000 Finance Officer for any individual value of less than £50
Scope of delegation:	Subject to them being reported to the Minister on a quarterly basis with an explanatory report

Legislation:	Public Finances (Jersey) Law 2005
Delegate:	Chief Officer Finance Director
Function delegated:	Approve the Department’s authorised signature schedule and approved expenditure limits conditional upon them being within pre-authorised limits (attached at Appendix A)
Scope of delegation:

Legislation:	Public Finances (Jersey) Law 2005
Delegate:	Chief Officer Director of Operational Services Director of Engineering and Infrastructure Director of Transport
Function delegated:	Accept tenders not exceeding £200,000
Scope of delegation:	By formal contract documentation

Legislation:	Public Finances (Jersey) Law 2005
Delegate:	Chief Officer Director of Operational Services Director of Engineering and Infrastructure Director of Transport Finance Director Director of Waste Strategy.
Function delegated:	Responsibility for signing formal engineering contracts, forms of engagement and formal contract signing up to their allocated financial authorisations
Scope of delegation:	As part of the Departmental quarterly reporting mechanism, the Minister will receive a report showing the number of contracts, their form and contract value

Legislation:	Public Finances (Jersey) Law 2005
Delegate:	Chief Officer Director of Operational Services Director of Engineering and Infrastructure Director of Transport
Function delegated:	Appoint consultants for construction and engineering works
Scope of delegation:	Where the TTS is Client

Legislation:	Public Finances (Jersey) Law 2005
Delegate:	Chief Officer
Function delegated:	Delegation of the authorisation of non contentious budget transfers to the Chief Officer up to the value of £200,000 in accordance with Article 28 of the Public Finances (Jersey) Law 2005
Scope of delegation:	This allows the approval of non contentious budget transfers up to a specific value avoiding an undue administrative burden on the Minister

Transport and Highways

Legislation:	Highways (Jersey) Law 1956
Delegate:	Chief Officer Director of Engineering and Infrastructure Manager - Highways and Infrastructure Maintenance Manager - Traffic and Streetworks Director of Transport Manager - Transport Policy
Function delegated:	Issuing licences under Highways Law.
Scope of delegation:	TTS as highway authority for main roads has powers to issue licences for things to be placed over, on or below main roads.

Legislation:	Road Traffic (Jersey) Law 1956
Delegate:	Chief Officer Director of Engineering and Infrastructure Manager - Highways and Infrastructure Maintenance Manager - Traffic and Streetworks Director of Transport Manager - Transport Policy
Function delegated:	Traffic Signs
Scope of delegation:	Road traffic law permits TTS to erect signs (in some circumstances TTS is obliged to erect signs e.g. Regulatory signs such as speed limits, no entry, etc).

Legislation:	Road Traffic (Jersey) Law 1956
Delegate:	Chief Officer Director of Engineering and Infrastructure Manager - Traffic and Streetworks Director of Transport Manager - Transport Policy
Function delegated:	Temporary changes to Traffic Orders
Scope of delegation:	Temporary changes can be made to Parish Orders for a period up to 12 months, is approved by the Connétable and Roads Committee and are not contentious.

Legislation:	Road Traffic (Jersey) Law 1956
Delegate:	Chief Officer Director of Engineering and Infrastructure Director of Transport Manager - Transport Policy
Function delegated:	Speed limits – applications from all quarters including parishes and States members s well as public
Scope of delegation:	Officer to apply States approved policy and notified to Minister for approval on a quarterly basis.

Legislation:	Road Traffic (Speed Limits) (Jersey) Order 2003
Delegate:	Chief Officer Director of Engineering and Infrastructure Manager - Highways and Infrastructure Maintenance Manager - Traffic and Streetworks Director of Transport Manager - Transport Policy
Function delegated:	Approving temporary speed limits at road works
Scope of delegation:	The Minister for TTS has powers to introduce mandatory temporary speed limits at road works. Officers may approve requests from road works operators for temporary speed limits following consultation with the relevant Connétable.

Legislation:	Highways Road Humps (Jersey) Regulations 2002
Delegate:	Chief Officer Director of Transport Manager - Transport Policy
Function delegated:	Requests for road humps on Parish by-roads
Scope of delegation:	The Connétable of a Parish is required to consult the Minister for TTS before installing road humps on a by-road. Officers will advise the Connétable on good practice, legal requirements and consultation with emergency services.

Legislation:	Motor Traffic (Jersey) Law 1935
Delegate:	Chief Officer Director of Engineering and Infrastructure Manager - Traffic and Streetworks Director of Transport Manager - Transport Policy
Function delegated:	Install, remove or move bus Stops
Scope of delegation:	Bus stops also require approval of the Connétable of the relevant Parish if on a by-road. Non contentious measures only.

Legislation:	Customary Law (Choses Publiques) (Jersey) Law 1993
Delegate:	Chief Officer Director of Engineering and Infrastructure Director of Transport Manager - Transport Policy
Function delegated:	Approve applications for “alfresco” areas
Scope of delegation:	Approve non-contentious requests and inform the Connétable of the Parish who issues a permit if approved by the Parish

Legislation:	Planning And Building (Jersey) Law 2002
Delegate:	Chief Officer Director – Engineering and Infrastructure Manager – Traffic and Streetworks Director – Transport Manager – Transport Policy
Function delegated:	Planning Applications – comments The applications lists issued by the Planning Department are inspected. The Planning Department issues copies of all applications for sites bordering main roads to the Transport and Technical Services Department (TTSD) for comment in respect of Article 14 of the Planning And Building (Jersey) Law 2002 (formerly Article 6(6) of the Island Planning (Jersey) Law 1964). Comment is requested to be returned within 14 days. In addition, officers from TTSD will request applications that while not bordering a main road might generate significant traffic that will have an impact on main roads. The Manager – Traffic and Streetworks inspects each planning application and will visit each site. The Manager – Traffic and Streetworks will submit comment on the application on the adequacy of visibility, access, servicing and turning facilities. If the development site is subject to any of the Department’s widening lines or policies for provision of footways, this will be highlighted and taken into account when making comment. The Manager – Traffic and Streetworks will discuss the comments with the Manager – Transport Policy, in particular, any recommendation to reject the application or stipulation that highway measures are required, for example, provision of a public footway, or where an application may conflict with the Department’s policy on sustainable development. The Manager – Transport Policy or the Manager – Traffic and Streetworks will approve the comments, amend the comments or request further investigation. The comments are forwarded to the Planning Department normally within the requested timeframe. The comments are submitted to the Minister for noting. In cases where a development will have a very significant impact on the Minister’s policy areas, eg. provision of a major retail outlet, a report will normally be submitted to the Minister for sanctioning.
Scope of delegation:	Provision of Highway and Drainage observations and the comments on Planning Applications. These will be reported to the Minister for noting.

Parking

Legislation:	Public Parking Places (Jersey) Order (as amended) 2006 Policing of Parks (Jersey) Regulations 2005
Delegate:	Chief Officer Director of Operational Services Director of Transport Manager – Parking Control
Function delegated:	Carrying on a trade or business in a parking or public place
Scope of delegation:	Where non-contentious, eg., selling JEP’s, ice cream concessions, etc.

Legislation:	Public Parking Places (Jersey) Order (as amended) 2006 Policing of Parks (Jersey) Regulations 2005
Delegate:	Chief Officer Director of Transport Manager – Parking Control Director of Operational Services Manager – Parks and Gardens
Function delegated:	Charity collections in parking or public places
Scope of delegation:	Where non-contentious, eg., poppy appeal, etc

Legislation:	Public Parking Places (Jersey) Order (as amended) 2006 Policing of Parks (Jersey) Regulations 2005
Delegate:	Chief Officer Director of Engineering and Infrastructure Manager - Highways and Infrastructure Maintenance Manager - Traffic and Streetworks Director of Transport Manager – Parking Control Director of Operational Services Manager – Parks and gardens
Function delegated:	Approval of requests for use of land administered by TTS for events eg., Victoria Ave car parks, other car parks etc
Scope of delegation:	Where non-contentious and often annual; reported to the Minister for noting on a quarterly basis

Legislation:	Public Parking Places (Jersey) Order (as amended) 2006
Delegate:	Chief Officer Director of Transport Manager – Parking Control
Function delegated:	Indicate the speed and route to be taken and other restrictions to be observed by a person driving a vehicle in a parking place or by pedestrians
Scope of delegation:	Directional signs within car parks

Legislation:	Public Parking Places (Jersey) Order (as amended) 2006
Delegate:	Chief Officer Director of Transport Manager – Parking Control
Function delegated:	Restrict the size or mass of vehicles that may use the whole or any part of the parking place
Scope of delegation:	Restriction on Commercial and/or agricultural vehicles in certain parking places

Legislation:	Public Parking Places (Jersey) Order (as amended) 2006
Delegate:	Chief Officer Director of Transport Manager – Parking Control
Function delegated:	Close for any period and for any purpose the whole or any part of the parking place
Scope of delegation:	For events, maintenance works, setting aside an area for utility companies to lease as compounds whilst working in the area, etc., when non-contentious

Legislation:	Public Parking Places (Jersey) Order (as amended) 2006
Delegate:	Chief Officer Director of Transport Manager – Parking Control
Function delegated:	Set aside permanently or for any period the whole or any part of the parking place for parking vehicles of a type specified in the notice
Scope of delegation:	Changing of parking space layouts within car parks to move commercial vehicle spaces, motorcycle parking, etc., when non-contentious

Legislation:	Public Parking Places (Jersey) Order (as amended) 2006
Delegate:	Chief Officer Director of Transport Manager – Parking Control
Function delegated:	Set aside permanently or for any period the whole or any part of the parking place for parking vehicles on which a valid permit is displayed
Scope of delegation:	Moving of permit holder areas within the parking area such as Disabled Bays, States Members Parking, etc., when non contentious

Legislation:	Public Parking Places (Jersey) Order (as amended) 2006
Delegate:	Chief Officer Director of Transport Manager – Parking Control
Function delegated:	Give approval for a boat, trailer or thing to be parked or placed in a parking place
Scope of delegation:	When non contentious

Legislation:	Public Parking Places (Jersey) Order (as amended) 2006
Delegate:	Chief Officer Director of Transport Manager – Parking Control
Function delegated:	Give permission for advertising material to be placed in a parking place
Scope of delegation:	When non contentious

Legislation:	Public Parking Places (Jersey) Order (as amended) 2006
Delegate:	Chief Officer Director of Transport Manager – Parking Control
Function delegated:	Use a vehicle in connection with a trade or business while it is parked in a parking space
Scope of delegation:	When non contentious

Legislation:	Public Parking Places (Jersey) Order (as amended) 2006
Delegate:	Chief Officer Director of Transport Manager – Parking Control
Function delegated:	Allow the consumption of alcohol in a parking place
Scope of delegation:	Allow alcohol to be consumed in a public car park as part of an event such as a Fete in a car park, when non contentious

Drainage

Legislation:	Drainage (Jersey) Law, 2005 – Article 8
Delegate:	Chief Officer Director of Operational Services Principal Engineer, Liquid Waste Senior Engineer, Drainage Design Records Manager
Function delegated:	Sewers and drains to the sea
Scope of delegation:	Restricts discharge to sea shore without consent

Legislation:	Drainage (Jersey) Law, 2005 – Article 12
Delegate:	Chief Officer Director of Operational Services Principal Engineer, Liquid Waste Senior Engineer, Drainage Design Records Manager
Function delegated:	Adoption of other sewerage facilities
Scope of delegation:	Power to adopt sewerage facilities as public

Legislation:	Drainage (Jersey) Law, 2005 – Article 13
Delegate:	Chief Officer Director of Operational Services Principal Engineer, Liquid Waste Senior Engineer, Drainage Design Records Manager
Function delegated:	Separation of foul and surface water sewers
Scope of delegation:	Power to reserve sewer for foul or surface water only

Legislation:	Drainage (Jersey) Law, 2005 – Article 14
Delegate:	Chief Officer Director of Operational Services Principal Engineer, Liquid Waste Senior Engineer, Drainage Design Records Manager
Function delegated:	Obligation to connect to public sewer
Scope of delegation:	Power to require property owner to connect to the sewer

Legislation:	Drainage (Jersey) Law, 2005 – Article 15
Delegate:	Chief Officer Director of Operational Services Principal Engineer, Liquid Waste Senior Engineer, Drainage Design Records Manager Senior Engineer – Contracts Management Assistant Manager Drainage Assistant Manager Drainage Maintenance Leading Chargehand Drainage Investigations Chargehand Drainage Survey Manager – Waste Compliance
Function delegated:	Repair of sewers and drains by owners
Scope of delegation:	Power to examine sewer or drain and require property owner to repair

Legislation:	Drainage (Jersey) Law, 2005 – Article 16
Delegate:	Chief Officer Director of Operational Services Principal Engineer, Liquid Waste Senior Engineer, Drainage Design Records Manager Senior Engineer – Contracts Management Assistant Manager Drainage Assistant Manager Drainage Maintenance Manager – Waste Compliance
Function delegated:	Restricted discharges into sewers and drains
Scope of delegation:	Restricts surface water from being discharged to foul sewers without consent

Legislation:	Drainage (Jersey) Law, 2005 – Article 17
Delegate:	Chief Officer Director of Operational Services Principal Engineer, Liquid Waste Senior Engineer, Drainage Design Records Manager Senior Engineer – Contracts Management
Function delegated:	Disturbance of public sewers
Scope of delegation:	Restricts building close to sewer, or connecting to sewer, without consent

Legislation:	Drainage (Jersey) Law, 2005 – Article 18
Delegate:	Chief Officer Director of Operational Services Principal Engineer, Liquid Waste Senior Engineer, Drainage Design Records Manager
Function delegated:	Septic tanks
Scope of delegation:	Restricts use of septic tanks where property is connected to sewer

Legislation:	Drainage (Jersey) Law, 2005 – Article 19
Delegate:	Chief Officer Director of Operational Services Principal Engineer, Liquid Waste Senior Engineer, Drainage Design Records Manager
Function delegated:	Abandonment of public sewerage facilities
Scope of delegation:	Power to discontinue or prohibit use of public sewer

Legislation:	Drainage (Jersey) Law, 2005 – Article 22
Delegate:	Chief Officer Director of Operational Services Principal Engineer, Liquid Waste Manager – Liquid Waste Treatment Manager – Waste Compliance
Function delegated:	Trade effluent discharge consents
Scope of delegation:	Power to issue a discharge consent

Legislation:	Drainage (Jersey) Law, 2005 – Article 23
Delegate:	Chief Officer Director of Operational Services Principal Engineer, Liquid Waste Senior Engineer, Drainage Design Records Manager Manager – Liquid Waste Treatment Senior Engineer – Contracts Management Manager – Waste Compliance
Function delegated:	Production of plans and furnishing of information
Scope of delegation:	Requirement on owner to provide information on discharge
Legislation:	Drainage (Jersey) Law, 2005 – Article 24
Delegate:	Chief Officer Director of Operational Services Principal Engineer, Liquid Waste Manager – Liquid Waste Treatment Manager – Waste Compliance
Function delegated:	Variation, suspension and revocation
Scope of delegation:	Power to amend trade discharge consent

Legislation:	Drainage (Jersey) Law, 2005 – Article 25
Delegate:	Chief Officer Director of Operational Services Principal Engineer, Liquid Waste Manager – Liquid Waste Treatment Manager – Waste Compliance
Function delegated:	Transfers
Scope of delegation:	Power to transfer trade discharge consent to new holder

Legislation:	Drainage (Jersey) Law, 2005 – Article 26
Delegate:	Chief Officer Director of Operational Services Principal Engineer, Liquid Waste Manager – Liquid Waste Treatment Manager – Waste Compliance
Function delegated:	Information about harmful effluent
Scope of delegation:	Power to request information about nature of trade discharge

Legislation:	Drainage (Jersey) Law, 2005 – Article 27
Delegate:	Chief Officer Director of Operational Services Principal Engineer, Liquid Waste Senior Engineer, Drainage Design Manager – Liquid Waste Treatment Senior Engineer – Contracts Management Manager – Waste Compliance
Function delegated:	Control of harmful effluent
Scope of delegation:	Power to require person to dispose of harmful trade effluent

Legislation:	Drainage (Jersey) Law, 2005 – Article 30
Delegate:	Chief Officer Director of Operational Services Principal Engineer, Liquid Waste Senior Engineer, Drainage Design Records Manager Senior Engineer – Contracts Management
Function delegated:	Alternation of designated flood defences
Scope of delegation:	Restricts alterations without consent

Legislation:	Drainage (Jersey) Law, 2005 – Article 31
Delegate:	Chief Officer Director of Operational Services Principal Engineer, Liquid Waste Senior Engineer, Drainage Design Records Manager Senior Engineer – Contracts Management Assistant Manager Drainage Assistant Manager Drainage Maintenance
Function delegated:	Repair of other flood defences
Scope of delegation:	Power to require work to be undertaken by owner on flood defences

Legislation:	Drainage (Jersey) Law, 2005 – Article 34
Delegate:	Chief Officer Director of Operational Services Principal Engineer, Liquid Waste Senior Engineer, Drainage Design Records Manager Manager – Liquid Waste Treatment Senior Engineer – Contracts Management Assistant Manager Drainage Assistant Manager Drainage Maintenance Leading Chargehand Drainage Investigations Chargehand Drainage Survey Senior Surveyor Surveyor Departmental Duty Officers Manager – Waste Compliance
Function delegated:	Exercise of ancillary powers
Scope of delegation:	Powers of entry for inspection, survey purposes, etc

Legislation:	Drainage (Jersey) Law, 2005 – Article 35
Delegate:	Chief Officer Director of Operational Services Principal Engineer, Liquid Waste Senior Engineer, Drainage Design Records Manager Manager – Liquid Waste Treatment Senior Engineer – Contracts Management
Function delegated:	Remedial action by person causing damage
Scope of delegation:	Power to require owner to correct damage

Legislation:	Drainage (Jersey) Law, 2005 – Article 37
Delegate:	Chief Officer Director of Operational Services Principal Engineer, Liquid Waste Senior Engineer, Drainage Design Records Manager Manager – Liquid Waste Treatment Senior Engineer – Contracts Management
Function delegated:	Remedial action by Minister
Scope of delegation:	Power for TTSD to correct damage at owners cost

Legislation:	Planning And Building (Jersey) Law 2002
Delegate:	Chief Officer Director – Waste Management Principal Engineer – Drainage Senior Engineer – Drainage Records Manager
Function delegated:	Planning Applications – comments The applications lists issued by the Planning Department are inspected. The Planning Department issues copies of all applications to the Transport and Technical Services Department (TTSD) for comment in respect of Article 16 of the Planning And Building (Jersey) Law 2002 (formerly Article 6(7) of the Island Planning (Jersey) Law 1964). Comment is requested to be returned within 14 days. The Records Manager inspects each planning application and will visit site where necessary. The Records Manager will submit comment on the application on the adequacy of drainage provision for the development and proposals for connecting to the mains drainage system. If the development site is subject to any of the Minister’s policies for provision of drainage, this will be highlighted and taken into account when making comment. The Records Manager consults the Senior Engineer (Drainage) prior to submitting his comments. The comments are forwarded to the Planning Department normally within the requested timeframe. The comments are submitted to the Minister. In cases where a development will have a very significant impact on the Ministers policy areas, eg. provision of a major retail outlet, a report will normally be submitted to the Minister for sanctioning.
Scope of delegation:	Provision of Highway and Drainage observations and the comments on Planning Applications. These will be reported to the Minister for noting.

Recommendation

That the Minister approves the delegation of functions for those matters listed in the schedule from the Minister to the Chief Officer and specified departmental officers.

The Minister notes the authorised signatory schedule and approved expenditure limits (attached at Appendix A) which are reflected in the procurement, purchase card and invoice approval systems.

Reason for Decision

To provide effective administration of certain matters for which the Minister is responsible under legislation dealt with at Transport and Technical Services, Jersey Car parking and Jersey Fleet Management in accordance with Article 28 of the States of Jersey Law 2005, as amended.

Resource Implications

There are no resource implications.

7. Action Required

The Accounting Officer, Transport and Technical Services to:

(i) request the Greffier of the States to present the list of delegated functions approved to the States Assembly as a report; and

(ii) inform delegates of the decision.

Written by:

Senior Management Accountant

Approved by:

Director of Finance

Attachment:

Appendix A – Authorised Signatory Schedule and Approved Expenditure Limits