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Battle of Flowers (Jersey) Order 201-: Law drafting instructions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 7 June 2013:

Decision Reference: MD-T-2013-0054

Decision Summary Title :

Battle of Flowers 2013 Entertainment on Public Roads Application: Part 1

 

Date of Decision Summary:

03 June 2013

Decision Summary Author:

 

Technical Assistant

Traffic and Infrastructure

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

The Battle of Flowers Association’s Application to Hold the  Battle of Flowers 2013

 

Date of Written Report:

03 June 2013

Written Report Author:

Technical Assistant

Traffic and Infrastructure

Written Report :

Public or Exempt?

 

Public

Subject:  The Battle of Flowers 2013 – 08 and 09 August 2013

Decision(s): The Minister approved the Battle of Flowers 2013 and the preparation of an Order under Article 2 of the Entertainments on Public Roads (Jersey) Law 1985.

 

Reason(s) for Decision: The Minister approved the proposed road closures and associated traffic management (following consultations) as the administering authority of the Entertainments on Public Roads (Jersey) Law 1985.

 

Resource Implications: TTS Officer and Law Draftsman’s time.

 

Action Required: To forward a copy of the Ministerial Decision along with an Instructing Memorandum and the Promoter’s Application to the Law Draftsman.

 

Signature:

 

 

Position:

 

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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Battle of Flowers (Jersey) Order 201-: Law drafting instructions

TRANSPORT AND TECHNICAL SERVICES

 

THE BATTLE OF FLOWERS ASSOCIATION’S APPLICATION TO HOLD

 

THE BATTLE OF FLOWERS 2013

 

 

Purpose of the Report

 

To obtain a Ministerial Decision regarding approval of road closures and traffic restrictions for the purpose of holding the Battle of Flowers on Thursday 08 August 2013 and the Moonlight Parade on Friday 09 August 2013 . 

 

In addition, to enable an instruction to be sent to the Law Draftsman requesting preparation of an Order under Article 2 of the Entertainments on Public Roads (Jersey) Law 1985.

 

 

Background

 

The Battle of Flowers Association (the Promoter) has submitted details of its proposed road closures and traffic restrictions for the 2013 event. The event is enabled by Order of the Transport and Technical Services Minister under Article 2 of the Entertainments on Public Roads (Jersey) Law 1985.

 

 

Discussion

 

As per 2012 the event arena will be from West Park to First Tower, with the seated stadium area on lay-bys 1, 2 and 3 and the Lower West Park.  Lay-by 4 will be used as a float turning point.

 

Millbrook Field has been made available to the Battle this year however, lay-bys 5 and 6 will be used as a rendezvous point for floats approaching from the east, and Rue du Galet will be used as a rendezvous for floats from the northern Parishes before entering the field via Victoria Avenue.

 

The Parking Control Section has approved the closure of all lay-bys in accordance with the Promoter’s requirements.

 

Traffic management will be as per 2012, therefore Victoria Avenue (and its approach roads) will be fully closed between Bel Royal and West Park between 9.30 a.m. and 7 p.m. on Thursday 08 August 2013 and again between 6.15 p.m. and midnight on Friday 09 August 2013. This closure will continue until 3 a.m. on Saturday morning for Victoria Avenue, east of First Tower.

 

In addition the following traffic measures will be introduced during full closure of Victoria Avenue:

 

  • The section of St. Peter’s Valley from the junction of Rue du Haut to Bel Royal will be closed to all southbound traffic except for buses / HGV's. Traffic will be diverted along Rue du Haut to its junction with La Route de St Aubin, thus relieving the Bel Royal junction.

 

  • La Rue du Haut will be closed to traffic travelling west from its junction with Le Mont Cambrai.

 

  • Rue de la Ville Emphrie will be made one way westbound.

 

  • Portable traffic signals will be placed on La Route de St Aubin and La Route de la Haule to manage traffic through the Bel Royal bus lay-by.

 

Finally, the east entry arch will be erected in its normal position at West Park and the western arch is likely to be erected at the western end of lay-by 2. Other details are as per the 2012 Order. 

 

 

Recommendation

 

The Minister is recommended to approve in principle the Battle of Flowers 2013 and the preparation of an Order under Article 2 of the Entertainments on Public Roads (Jersey) Law 1985.

 

Reason(s) for Decision

 

The proposed road closures and associated traffic management are reasonable and justified in the light of the positive benefits to the Island.

 

 

Resource Implications

 

TTS Officer and Law Draftsman’s time

 

TTS’ Road Signs and Markings section to provide assistance to the Honorary Police in putting out traffic signs prior to the start of the event and collecting / storing traffic signs after the event.

 

 

Action Required

 

To forward a copy of the Ministerial Decision along with an Instructing Memorandum and the Promoter’s Application to the Law Draftsman.

 

 

 

 

Written by:

Technical Assistant, Traffic and Infrastructure

Approved by: 

Director, Engineering and Infrastructure

 

WR Battle of Flowers 2013 Part 1.docY:\Minister\2013\Ministerial Decisions 2013\MD 00 Battle of Flowers 2013 Part 1\WR Battle of Flowers 2013 Part 1.doc

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