Planning and Environment: Delegation of Functions: August 2017

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 7 August 2017:

Decision Reference: MD-PE-2017-0078
Decision Summary Title:	Scheme of Delegation for the Minister for the Environment – July 2017		Date of Decision Summary:	11 July 2017
Decision Summary Author:	Business Director		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title:	Scheme of Delegation for the Minister for the Environment – July 2017		Date of Written Report:	11 July 2017
Written Report Author:	Business Director		Written Report : Public or Exempt?	Public
Subject: Scheme of Delegation for the Minister for the Environment – July 2017
Decision(s): By virtue of the power conferred on him by Article 28(1) of the States of Jersey Law 2005 the Minister delegated the functions conferred upon or vested in him under the relevant legislation as indicated in the Scheme of Delegation for the Minister for the Environment – July 2017
Reason(s) for Decision: The Scheme of Delegation ensures that decisions are made at the appropriate level to ensure the efficient administration of the Minister’s duties and responsibilities. In particular, the Minister has updated the Scheme of Delegation as follows: To reflect the States of Jersey (Transfer of Functions No.9)(Health and Social Services to Environment)(Jersey) Regulations 201-, adopted by the States Assembly on the 4 July 2017, by adding the Food Safety (Jersey) Law 1966 and Statutory Nuisances (Jersey) Law 1999 to the Scheme of Delegation. Including more clarity in relation to the issuing of a Remedial Notice under Article 7 of the High Hedges (Jersey) Law 2008 To more effectively and efficiently manage the department’s enforcement role across the department as a result of the Environmental Health team transfer to the Department of the Environment, by: Delegating enforcement powers and functions to Environmental Health officers, specifically in relation to the Pesticides (Jersey) Law 1991, Waste Management (Jersey) Law 2005, Water Pollution (Jersey) Law 2000 and the Water Resources (Jersey) Law 2007. Extending enforcement powers in relation to the Food Safety (Jersey) Law 1966 and Statutory Nuisances (Jersey) Law 1999 to department officers.
Resource Implications: None
Action required: The Greffier of the States to be requested to arrange for the Scheme of Delegation to be presented to the States at the earliest opportunity
Signature: Deputy S Luce		Position: Minister for the Environment
Date Signed:		Date of Decision (If different from Date Signed):