Government of Jersey

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (11.10.07) to delegate authority for certain matters from the Minister to Officers in the Department.

Decision Reference: MD-T-2007-0090
Decision Summary Title :	DS Delegated Authorities – Driver and Vehicle Standards		Date of Decision Summary:	9th October 2007
Decision Summary Author:	Alan Muir Head of DVS & Inspector of Motor Traffic		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 :	Delegated Authority Table		Date of Written Report:	1st March 2007
Written Report Author:	Alan Muir Head of DVS & Inspector of Motor Traffic		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Driver and Vehicle Standards Delegated Authorities
Decision(s): The Minister delegated authority for certain matters from the Minister to Officers in the Department in accordance with article 28 of the States of Jersey Law 2005, and requested that a list of the delegations be presented to the States for information.
Reason(s) for Decision: To provide effective administration of certain matters for which the Minister is responsible under legislation dealt with at Driver and Vehicle Standards.
Resource Implications: None.
Action required: Advise the Greffier of the States of the delegated authorities.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Driver and Vehicle Standards - delegated authority decisions

Approve arrangements and instructors to carry out Compulsory Basic Training (CBT). [Motor Vehicles (Driving Licences)(Jersey) Order 2003, Article 13(1)].

The Minister is responsible for holding or arranging courses and approving instructors conducting such courses that provide basic training and test competence to ride a moped or light motorcycle on the road with a provisional licence.

Inspector of Motor Traffic

Deputy Inspector of Motor Traffic

All matters associated with maintaining a register of driving instructors. [Road Traffic (Jersey) Law 1956 Article 6 (1), (3), (4), (5)].

The Minister is required to maintain a register of driving instructors, adding instructors to and removing them from the register.

The Minister would be notified of any person whose application to be on the register has been refused or who has been removed from the register.

Inspector of Motor Traffic

Deputy Inspector of Motor Traffic

Appointment of examiners to conduct examinations and tests. [Road Traffic (Jersey) Law 1956 Article 8 (6) and Motor Cars (Driving Instruction)(Jersey) Order 1982 Article 1].

The Minister (as the “licensing authority” in the case of granting driving licences) is responsible for appointing persons to conduct examinations and tests for the purposes of testing competence to drive and for entering a person’s name in the register of driving instructors.

These persons are invariably officers in the Department but there may be occasions when it would be desirable to appoint suitably qualified persons who are not from the Department eg when an examiner is on long-term sick leave.

Inspector of Motor Traffic

Deputy Inspector of Motor Traffic

	DELEGATED AUTHORITY	DETAIL	TO WHOM
4.	Determining particulars to be supplied by candidates for examination and testing to become driving instructors. Determining the form of examination and tests to be undertaken by candidates wishing to become driving instructors. [Motor Cars (Driving Instruction)(Jersey) Order 1982 Article 3 (1), (4)].	The Minister is responsible for determining particulars to be supplied by those wishing to become driving instructors and for determining the form of examination and tests that candidates should undertake successfully to become a driving instructor.	Inspector of Motor Traffic Deputy Inspector of Motor Traffic
5.	Manner of application for licences for vehicles exempting them from complying with the requirements of the Motor Vehicles (Construction and Use)(Jersey) Order 1998 – P30 applications. [Road Traffic Law 1956 Article 78 (3)]	The Minister is responsible for determining how applications should be made to exempt vehicles from the requirements of Construction and Use legislation. Invariably (but not exclusively) these tend to be applications for vehicles wider than the normal permitted width to circulate in the Island. Granting approval is the responsibility of the Inspector of Motor Traffic.	Inspector of Motor Traffic Deputy Inspector of Motor Traffic Senior Traffic Officer
6.	Specifying form of defect notice. [Motor Vehicles (Construction and Use)(Jersey) Order 1998 Article 118 (2)]	A defect notice should state what provision of the Order is contravened, require the owner to remedy the defect and present the vehicle for examination at a date, time and place so that it can be verified that the defect has been rectified or a notice may be issued for the purpose of carrying out a more thorough examination of the vehicle for other defects.	Inspector of Motor Traffic Deputy Inspector of Motor Traffic Senior Traffic Officer

	DELEGATED AUTHORITY	DETAIL	TO WHOM
7	Designating place to impound vehicles for further testing. [Motor Vehicles (Construction and Use)(Jersey) Order 1998 Article 119 (1)].	If any vehicle is impounded at a road check it should be towed by the owner to a place for examination, a garage for repairs or to be scrapped. The DVS test station at La Collette is specified in the Order for further testing but it can be such other place as the Minister may designate. There are times when it may be more appropriate to have the vehicle taken to another place for further tests.	Inspector of Motor Traffic Deputy Inspector of Motor Traffic Senior Traffic Officer
8	Granting public service licences and the conditions attached thereto. [Motor Traffic Law 1935 Article 9 (1), (2), (3)]	Issuing psv licences (plates) for omnibuses, char-a-bancs and taxicabs. Subject to the Minister approving policies for granting licences, approving standard conditions of licence. Those recommended for refusal of a licence or who appeal against a condition will be notified to the Minister.	Inspector of Motor Traffic Deputy Inspector of Motor Traffic Senior Traffic Officer
9	Suspending public service vehicle licences. [Motor Traffic Law 1935 Article 10 (1)]	Suspending a public service vehicle licence where the conduct of the licence-holder in operating the service or non-compliance with conditions of licence warrant it. The licence holder can appeal to the Minister.	Inspector of Motor Traffic Deputy Inspector of Motor Traffic Senior Traffic Officer

DELEGATED AUTHORITY

DETAIL

TO WHOM

Suspending public service vehicle badges.

[Motor Traffic Law 1935 Article 30 (1)]

Suspending a public service vehicle badge where the conduct or health of the badge-holder warrants it.

The badge holder can appeal to the Minister.

Inspector of Motor Traffic

Deputy Inspector of Motor Traffic

Senior Traffic Officer