EU Legislation (Sanctions) (General Provisions) (Jersey) Order 2014

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 30 October 2014:

Decision Reference: MD-ER-2014-0032
Decision Summary Title :	Sanctions General Provisions		Date of Decision Summary:	23 October 2014
Decision Summary Author:	External Relations		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	EU Legislation (Sanctions) (General Provisions) (Jersey) Order 2014		Date of Written Report:	23 October 2014
Written Report Author:	Law Draftsman		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: EU Legislation (Sanctions) (General Provisions) (Jersey) Order 2014
Decision(s): The Minister for External Relations, in pursuance of Article 4 of the European Union Legislation (Implementation) (Jersey) Law 2014, made the EU Legislation (Sanctions) (General Provisions) (Jersey) Order 2014.
Reason(s) for Decision: Article 4 of the European Union Legislation (Implementation) (Jersey) Law 2014 provides for the Minister to prescribe general provisions which may be applied in relation to one or more other Orders, as if the provisions were made in relation to a particular EU provision. The sanctions general provisions Order is to be read as if it formed part of a particular sanctions Order that has been made under Article 2 of the 2014 Law after the general provisions Order has been made, to the extent to which it has been expressly applied. The general provisions may be any or all of the following standard measures, as applied by a particular Order to which they might relate: references to EU member States and competent authorities may be construed to include Jersey; references to EU member States and competent authorities may be construed to include Guernsey and/or the Isle of Man; substitution of the territorial scope of the EU Regulation with the territory of Jersey instead; application of a provision in respect of registrable trust company business; duty of the Minister to perform the functions of a competent authority; power of the Minister to delegate functions; provisions in connection with and to facilitate the obtaining or disclosure of information; provisions in connection with the liabilities of partnerships and corporate bodies; a requirement for consent of the Attorney General to institute a prosecution; application of Customs powers, if relevant. The advantage of a general provisions Order is that these standard measures may be applied uniformly across all sanctions Orders, if so desired, and the provisions can be readily revised in relation to all sanctions regimes if the need arises without the need to amend each regime-specific sanctions Order separately.
Resource Implications: There are no resource implications arising from this legislation.
Action required: External Relations shall – (1) inform the Assistant Greffier of the States and the States Greffe Publications Editor immediately the Order is made, and request the Greffier of the States to arrange for the making of the Order to be notified to the States; (2) deliver the signed and sealed order to the Publications Editor.
Signature:		Position: Minister for External Relations
Date Signed:		Date of Decision (If different from Date Signed):