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Information and public services for the Island of Jersey

L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Mental Health (Review Tribunal) (Procedure) (Amendment No. 3) (Jersey) Order 2015

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 21 December 2015:

Decision Reference:       MD-HSS-2015-0044

Decision Summary Title :

To amend the Mental Health Tribunal Procedures Order

Date of Decision Summary:

18/12/2015

Decision Summary Author:

 

Director of Older Peoples Services

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Oral

Person Giving

Oral Report:

Ian Dyer

Written Report

Title :

-

Date of Written Report:

-

Written Report Author:

-

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

-

Subject:   Mental Health (Review Tribunal) (Procedure) (Amendment No.3) (Jersey) Order 201-

 

Decision(s):  The Minister made the Mental Health (Review Tribunal) (Procedure) (Amendment No.3) (Jersey) Order 2015 with a view to the commencement of the Order on 1st March 2016

 

Reason(s) for Decision:

The Minister, having regard to the importance of ensuring the current Mental Health Review Tribunal is compliant with Articles 5(4) and 6 of the European Convention on Human Rights (ECHR), previously agreed the need to amend the mental health review tribunal rules and instructed the Law Draftsman accordingly.

 

Resource Implications: None

  •  
  •  

Action required: For the officers of the Minister to raise awareness of the amended Order; to return the signed and sealed copy to the Publications Editor, States Greffe; and to request the Greffier of the States to arrange for the making of the Order to be notified to the States

 

Signature:

 

 

Position:

Minister for Health and Social Services

 

Date Signed:

Date of Decision (If different from Date Signed):

 

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