Chief Minister's Department: 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 31 July 2015:

Ministerial decision reference MD-C-2015-0103
Decision summary title Delegation of functions and approval of spending powers
Decision summary author	Executive Support Officer	Is the decision summary public or exempt?		Public
Report title Delegation of Functions – Chief Minister – Assistant Ministers and Officers
Report author or name of person giving report	Executive Support Officer	Is the report public or exempt?		Public
Decision and reason for the decision In accordance with Article 28 of the States of Jersey Law 2005, as amended, the Chief Minister approved the delegation of function to Assistant Chief Ministers, Senator P. F. C. Ozouf and Senator P. F. Routier, MBE, and to specified Chief Officers, Directors and departmental officers, the necessary authority to determine certain matters as detailed in the accompanying report.
Resource implications There are no resource implications for the States of Jersey.
Action required That the Director, Corporate Policy, requests the Greffier of the States to present the Statement to the States as a Report and to inform delegates of the decision. In addition, notification is to be given to the relevant part of the Chief Minister’s Department for inclusion on the central register of delegations.
Signature			Position Senator I J Gorst Chief Minister

Date signed			Effective date of the decision

Chief Minister's Department: Delegation of Functions

States of Jersey Law 2005:

Delegation of Functions – Chief Minister – Assistant Ministers and Officers

Article 28 of the States of Jersey Law 2005 permits a Minister to delegate, wholly or partly, functions to an Assistant Minister or an officer.

The Law states, inter alia –

“28 Power of Minister to delegate functions

(1) A Minister may delegate, wholly or partly, functions conferred upon or vested in the Minister by or under this Law or any other enactment or any enactment of the United Kingdom having effect in Jersey, to –

(a) one of his or her Assistant Ministers;

(b) an officer.

(1A) A Minister shall not delegate to an Assistant Minister any function the delegation of which is wholly prohibited by an enactment.

(1B) Where a Minister delegates to an Assistant Minister a power to make an enactment, paragraphs (4) and (5) of Article 26 shall apply to the making of an enactment by the Assistant Minister, in exercise of the delegated power, as they would apply to the making of the enactment by the Minister.

(2) A Minister shall not delegate to an officer –

(a) any power to make an enactment;

(b) any power to decide an appeal under an enactment;

(3) The delegation of functions by a Minister under this Article shall not prevent the Minister exercising those functions personally.

(4) Where any licence, permit or authorization is granted in purported exercise of functions delegated under paragraph (1), no criminal proceedings shall lie against any person for any act done, or omitted to be done, in good faith and in accordance with the terms of the licence, permit or authorization, by reason that the functions had not been delegated, or that any requirement attached to the delegation of the functions had not been complied with.

(5) In this Article –

“Minister” includes the Chief Minister;

“officer” means a States’ employee within the meaning of the Employment of States of Jersey Employees (Jersey) Law 2005 and includes a member of the States of Jersey Police Force and an officer appointed under paragraph 1(1) of Part 1 of Schedule 2 to the Immigration Act 1971 as extended to Jersey by the Immigration (Jersey) Order 1993.

(6) The States may by Regulations amend the definition “officer” in paragraph (5).”

The terms of the delegations, and the legislation under which those delegations were made, were recorded in a Report attached to the Ministerial Decision, as shown below –

Delegations

The Chief Minister has delegated:

Assistant Minister(s)/ Officers

Function(s) Delegated

Assistant Ministers

Article 18(3)(b) of the States of Jersey Law 2005 - conducting external relations in accordance with the common policy agreed by the Council of Ministers

The Chief Minister has delegated to his Assistant Ministers Senator P F C Ozouf and Senator P F Routier, MBE functions under Article 18(3)(b) of the States of Jersey Law 2005 - conducting external relations in accordance with the common policy agreed by the Council of Ministers.

[Previously delegated pursuant to R. 48/2014]

Assistant Minister, Senator Paul Routier, MBE

Chief Officer, Social Security Department, Director, Corporate Policy, CMD, Operations Director, Housing Control Officer, Business Licencing Officer and Customer Service Centre, Social Security Department, as instructed by the Chief Officer and Director

Control of Housing and Work (Jersey) Law 2012

Residential and Employment Status

Article 2(1) and 2(2) – establishes Regulations with reference to a person’s residential and employment status, and enables conditions to be applied to a person’s residential and employment status.

Article 2(6) – deals with the requirement of a person to provide documents and information for the purposes of determining or verifying their residential status.

Application for a registration card

Articles 3(3), 3(4), 3(5), and 3(6) – matters with reference to an application for a registration card.

Registration card

Article 4(1) and 4(4) – deal with the issuance of a registration card.

Duration of a registration card

Article 5(4) 5(5) and 5(8) – deal with the duration of a registration card.

Registration requirements for children not born in Jersey

Article 8(3) – deals with the form of notification made by an adult in respect of a child.

Requirement to give information to the Minister upon change of address

Article 9(9) – deals with the form of notification in respect of a change of address.

Power to obtain information from other departments

Article 10 – deals with obtaining specified information from other Departments.

Conditions and changes of housing categories

Articles 15(2), 15(3), 15(4), 15(7), 15(8) – deal with the form of applications to change housing category, the ability to change housing category and apply or vary conditions, and the manner in which this must be done.

Occupation of Qualified Housing

Article 17(1) – deals with the ability to give consent to the occupation of property where occupation would otherwise not be permitted but would previously have been permitted.

Article 17(4) and 17(6) – deals with applications to the Court for a declaration in relation to a person’s ordinary residence under the Law and Regulations.

Specified transactions concerning companies

Article 20(2), 20(3), 20(4) and 20(5) and 20(6) – deal with the making of an application by a legal person in relation to a specified transaction, and determination thereon, including the application of conditions.

Requirement to have a registration card for work

Article 24(10) – to verify the employment and residential status of any person working in or for the undertaking.

Requirement for undertaking to have a licence

Article 25(7) – to issue guidance in respect of an undertaking that is not a company with a share capital.

Grant and duration of a licence

Article 26(3) – to determine the form of application, accompanied by such documents as may be required.

Article 26(4) – grant a licence with or without an expiry date (subject to Article 28(1)) in the case of a hawker’s or non-resident trading licence); or (b) refuse to grant a licence.

Article 26(5) – to specify, as a condition of the licence, the nature of the undertaking authorized by the licence and may do either or both of the following –

(a) impose, with reasons, such other conditions as he or she thinks fit, subject to Article 27(1);

(b) refuse to impose, with reasons, any condition requested by the applicant.

Article 26(7) – to treat the application as having been withdrawn.

Article 26(8) – to give the applicant a statement in writing of reasons for that decision and, at the same time, notify the applicant of the applicant’s right of appeal under Article 41.

Article 26(9) – in determining whether to grant a licence, to have particular regard to –

(a) preserving and maximising the benefits of Jersey’s resources;

(b) promoting a balanced and prosperous economy;

(d) any relevant policies of the States of Jersey;

(e) whether such a grant would be in the public interest; and

(f) in the case of a hawker’s licence, whether the applicant is a fit and proper person.

Article 26(10) – in determining whether a hawker is a fit and proper person to take into account any previous convictions of the applicant that are not spent under the Rehabilitation of Offenders (Jersey) Law 2001 and for that purpose, the Chief Officer of the States of Jersey Police Force shall provide such information concerning any such previous convictions as may be requested.

Article 26(12) – to determine the form of a licence, save that a hawker’s licence shall include a photograph of the licence holder.

Specific provisions related to a business licence

Article 27(1) to specify as a condition of the business licence –

(a) the maximum number (which may be nil) of individuals with Licensed and Registered status respectively who are permitted to work in or for the undertaking; and

(b) if any individuals with Licensed status are so permitted, each description of work which may be done by an individual with that status.

Article 27(2) – without prejudice to the general power to attach conditions under Article 26(5), such conditions relating to any of the following matters in respect of a business licence may be attached –

(a) specified accommodation to be occupied by persons working for the undertaking with Licensed or Registered status (such accommodation being specified individually or with reference to a general description which may include factors relating to price);

(b) the number of persons with Licensed status working in or for the undertaking who shall be prohibited from being a party to any transaction described in Article 18(1)(a);

(c) limits on the period of time for which a person with Licensed or Registered status may work in or for the undertaking;

(d) named persons with Licensed or Registered status who may work in or for the undertaking;

(e) periodic reviews for the purpose of determining whether a variation of the licence is appropriate.

Specific provisions relating to a hawkers and non-resident traders licence

Article 28(1) – to specify on a hawkers or non-resident traders licence the period for which the licence shall remain in force, such period not exceeding 12 months.

Variation of licences

Article 29(1) – to give notice to a licence holder of the intention to vary any condition of a licence.

Article 29(2) – to determine the form of application, accompanied by such documents as may be required.

Article 29(4) – subject to paragraph (6), to –

(a) vary any condition as thought fit by notice to the licence holder following receipt of an application under paragraph (1) or following consideration of any representations under paragraph (3); or

(b) refuse to vary a condition following receipt of an application under paragraph (1).

Article 29(5) – to have regard to the factors specified in Article 26(9) in exercising the powers under paragraph (4).

Article 29(7) – to give the licence holder a written statement of reasons for the decision and, at the same time, notify the licence holder of his or her right of appeal under Article 41.

Revocation of a Licence

Article 30(1) to revoke a licence by giving notice in writing to the licence holder if satisfied that –

(i) any information provided in connection with the application for the licence, or an application to vary the licence, was false or misleading in a material particular,

(ii) there has been failure to comply with any condition of the licence,

(iii) in the case of a business licence only, the undertaking has ceased to exist or appears to have ceased to exist (whether or not the licence holder or the undertaking has been wound up or dissolved),

(iv) the licence is significantly detrimental to the interests of Jersey having regard to the factors specified in Article 26(9), or

(v) the undertaking has failed to pay an annual charge under Article 31 or has failed to submit statements as required under Article 32; or

if the licence holder requests or agrees to the revocation of the licence.

Article 30(2) – to give notice to the licence holder not less than one month in writing together with a statement of the reasons and a notification of the licence holder’s right of appeal under Article 41, if revoking a licence.

Undertakings with business licences to provide statements

Article 32(1) – to provide when required to do so by a notice served on him or her, a statement of the name and current residential and employment status of such persons working in or for the undertaking during such period as to be specified in the notice and such other particulars relating to such persons as determined.

Article 32(3) – to provide such statement in such form as determined.

Article 32(6) – to waive a person’s liability under paragraph (1) if satisfied that exceptional circumstances prevented, or would prevent, the person from delivering such statement by the time limit specified in paragraph (3).

Appointment of authorised persons, powers to obtain information, power to enter business premises and examine business documents, obstructing an authorised person, notices requiring cessation of unauthorised activities

Article 33(1) – in writing, appoint any person who is a States’ employee within the meaning of Article 2 of the Employment of States of Jersey Employees (Jersey) Law 2005 to perform the functions of an authorized person under Articles 34 to 37; and may, instead of or in addition to appointing any person under sub-paragraph (a), arrange with any other Minister or with anybody performing functions on behalf of the States, that any officer in an administration of the States for which that Minister is assigned responsibility, or any officer of that body, shall act for those purposes.

This delegation extends to Articles 34 – 37 in so far as required.

General Provisions

Articles 40, 42, and 43 – deals with matters relating to Service of notices, Statistical information, and Persons authorised to act for other persons.

[Previously delegated pursuant to R.72/2013]

Assistant Minister, Senator Paul Routier, MBE

Control of Housing and Work (Jersey) Law 2012

The Chief Minister has delegated responsibility for the functions conferred upon him under the Control of Housing and Work (Jersey) Law 2012 and the Register of Names and Addresses (Jersey) Law 2012 to his Assistant Minister Senator P F Routier, MBE.

In order to enable the Assistant Minister to deal with all matters in relation to the Control of Housing Law and the Register of Names and Addresses Law in the States Assembly, the Chief Minister also agreed to delegate the following functions in respect of following legislation –

Standing Order 9(3) – answering questions;

Standing Order 17(1)(a) – making statements;

Standing Order 19(c) – lodging Propositions;

Standing Order 35((1)(b) – presenting Reports or Comments;

Standing Order 68A(3) – proposing Propositions

[Previously delegated pursuant to R.48/2014]

Assistant Minister, Senator Paul Routier, MBE

Chief Officer, Social Security Department, Director, Corporate Policy, CMD, Operations Director, Housing Control Officer, Business Licencing Officer and Customer Service Centre, Social Security Department, as instructed by the Chief Officer and Director

Article 2(1), 2(2), 2(3), 2(4), 2(5), 2(6), 2(7), 2(8), 2(9) and 2(10) - dealing with the establishment of the Register of Names and Addresses.

Article 3(1), 3(2), 3(3), 3(4), 3(5), 3(6), 3(7) and 3(8) – dealing with verification changes to the Register of Names and Addresses.

Article 4(1), 4(2), 4(3), 4(4), 4(5), 4(6), 4(7) and 4(8) – dealing with information that must be provided by an individual.

Article 5(1), 5(2), 5(3), 5(4), 5(5), 5(6), 5(7) and 5(8) – dealing with access to the Register and the use of information by public authorities.

Accounting Officer of the Chief Minister’s Department

Public Finances (Jersey) Law 2005

Function Delegated: Approval of non-contentious budget transfers of up to £200,000

[Previously delegated pursuant to R.142/2011]

Function Delegated: Awarding a contract or entering into an equivalent instrument that creates a financial liability of up to £500,000.

Reason for Delegation: To reduce the undue administrative burden on the Chief Minister through the ministerial decision process.

Director, External Relations, Chief Minister’s Department

Public Finances (Jersey) Law 2005

Function Delegated: Approval of non-contentious budget transfers of up to £200,000

[Previously delegated pursuant to R.2/2012]

Function Delegated: Awarding a contract or entering into an equivalent instrument that creates a financial liability of up to £500,000.

Reason for Delegation: To reduce the undue administrative burden on the Chief Minister through the ministerial decision process.

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