LAW DRAFTING INSTRUCTIONS
The Minister’s intention is to amend the Social Security (Determination of claims and questions) (Jersey) Order 1974 to enable the Minister to appoint a Registrar of Appeals who is not an Officer of a States administration for which the Minister has responsibility, as the Order currently requires.
BACKGROUND
A number of appeals bodies and tribunals are established under Social Security, Income Support and Health and Safety legislation to hear independent appeals against decisions of the Social Security Department. The Jersey Employment Tribunal hears appeals against decisions of employers or other non-compliance by employers under the Employment Law and Employment Relations Law.
An administration service is currently provided by one individual under separate arrangements for the Employment Tribunal Secretary, the Employment Relations Registrar, and the Registrar of Social Security, Income Support, and Health and Safety Appeals. That individual has given notice of his intention to retire in July 2010.
In order to fulfil the statutory requirement to provide administrative support and to maintain independence from the Social Security Department, the administration role will be transferred to the Judicial Greffe, which already provides other comparable functions and services.
An Officer of the Judicial Greffe will take on this administrative responsibility from August 2010 and the Order must be amended to enable the Minister to officially appoint that Officer as Registrar, or Secretary, under each Law.
Amendment
Article 4 of the Social Security (Determination of claims and questions) (Jersey) Order 1974 states; ”The Minister shall appoint a Registrar of Appeals and one or more deputy Registrars of Appeals from among the officers in any administration of the States for which the Minister is assigned responsibility who shall perform such duties in connection with appeals under the law as the Minister may direct subject to the provisions of this order.”
The Order is referred to in other relevant legislation: The income support legislation defines the Registrar of Appeals as a person appointed under Article 4 of this Order, and the Invalid Care Allowance and Health Insurance legislation both refer to appeals to the Social Security Tribunal being in accordance with the procedures set out in this Order.
The Department believes that an amendment to Social Security (Determination of claims and questions) (Jersey) Order, 1974, is the only legislative change that is required to give immediate effect to the appointment of the Registrar of Appeals and Tribunals.
It is proposed that the Order is amended to substitute ‘the Judicial Greffier’ for all references to the Minister for Social Security, as well as amending the Order so that one or more Deputy Registrar of Appeals may be appointed. The Order as drafted implies that a Deputy must be appointed.
”The Minister Judicial Greffier shall appoint a Registrar of Appeals and , if required, one or more deputy Registrars of Appeals from among the officers in any administration of the States for which the Minister is assigned responsibility who shall perform such duties in connection with appeals under the law , as the Minister Judicial Greffier may direct subject to the provisions of this order.”