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Comptroller and Auditor General (Jersey) Law 201-: Formation of Board of Governance: Law drafting instructions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 19 September 2014:

Decision Reference:   MD-C-2014-0153

Decision Summary Title :

To prepare an Order for the formation of a Board of Governance to oversee the functions of the Office of the Comptroller and Auditor General, as set out in the Comptroller and Auditor General (Jersey) Law 201-

Date of Decision Summary:

15th September 2014

Decision Summary Author:

Policy & Research Officer

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

The Board of Governance of the Office of the Comptroller and Auditor General – Terms of Reference

Date of Written Report:

27th August 2014

Written Report Author:

Chief Executives Office

Written Report :

Public or Exempt?

Public

Subject: 

To request the Law Draftsman to prepare an Order for the formation of a Board of Governance to oversee the functions of the Office of the Comptroller and Auditor General, as set out in the Comptroller and Auditor General (Jersey) Law 201-

Decision(s):

The Chief Minister approved proposals for the Law Draftsman to prepare the legislation to enact the Terms of Reference for the appointment of members for a Board of Governance for the Office of the Comptroller and Auditor General.

Under Article 15 of the Comptroller and Auditor General (Jersey) Law 201- (‘the Law’), the Chief Minister, with the agreement of the Chairman of the Public Accounts Committee, may make an Order establishing a Board.  That Order may specify:

(a)         The name of the Board;

(b)         The constitution of the Board;

(c)          The functions of the Board in relation to the office of C&AG;

(d)         The duties of  the C&AG in relation to the Board;

(e)         The appointment, dismissal and removal from office of members of the Board;

(f)           The resources of the Board.

 

 

 

 

 

 

 

 

Reason(s) for Decision:

The Chief Minister approved proposals for the Law Draftsman to prepare the legislation to enact the Terms of Reference for the appointment of members for a Board of Governance to oversee the functions of the Office of the Comptroller and Auditor General.

Resource Implications:  

There are no financial or manpower implications arising from the law drafting instructions.

Action required:

The Chief Minister requested that the Policy and Research Officer submit drafting instructions to the Law Draftsman’s Office.

Signature: 

 

 

 

Position: 

CHIEF MINISTER

Date Signed:

 

 

 

Date of Decision (If different from Date Signed):

 

 

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