Planning and Environment: Delegation of 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

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 21 September 2012:

Decision Reference: MD- PE- 2012- 0099
Decision Summary Title:	Delegation of Statutory Powers		Date of Decision Summary:	6 September 2012
Decision Summary Author:	Planning Performance Manager		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Oral		Person Giving Oral Report:	Director – Development Control
Written Report Title:	N/A		Date of Written Report:	N/A
Written Report Author:	N/A		Written Report : Public or Exempt?	N/A
Subject: Delegation of Statutory Powers
Decision(s): By virtue of the power conferred on him by Article 28(1) of the States of Jersey Law 2005 the Minister has delegated the functions conferred upon or vested in him under the relevant legislation as indicated in the Scheme of Delegation for the Minister of Planning and Environment September 2012– attached. In particular, the Minister has varied the previous Scheme of Delegation of July 2012 (MD-PE-2012-0076) to provide additional decision-making powers to officers for minor applications within the Coastal National Park.
Reason(s) for Decision: The Ministerial Decision of August 2012 (MD-PE-2012-0090) amended a previous scheme of delegation approved in December 2011. In fact there had been a further scheme of delegation approved in July 2012 (MD-PE-2012-0076) and consequently the scheme of delegation approved under MD-PE-2012-0090 did not reflect the most up to date document. This decision rectifies that situation and represents the most up to date scheme of delegation. The scheme of delegation ensures that decisions are made at the appropriate level in the Ministry and Department to ensure the efficient administration of the Minister’s duties and responsibilities.
Resource Implications: None
Action required: The Greffier of the States be requested to not take any further action regarding MD-2012-0090 and re-present the agreement on delegation of functions attached to this decision to the States at the earliest opportunity
Signature: Deputy R Duhamel		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):