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

Home Affairs: Delegation of Functions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 8 February 2012:

Decision Reference: MD-HA-2012-0009

Decision Summary Title :

Delegation of Functions – Minister for Home Affairs

Date of Decision Summary:

6 February 2012

Decision Summary Author:

 

Executive Officer

Home Affairs

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

 

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Delegation of Functions

Date of Written Report:

6 February 2012

Written Report Author:

Executive Officer

Home Affairs

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Minister for Home Affairs - Delegation of Functions

 

Decision(s): The Minister approved the delegation of functions to the Assistant Minister, Home Affairs and to Heads of Service across the Home Affairs Department.

 

Reason(s) for Decision: The Minister has reviewed and updated the existing delegations across the Home Affairs Department.  This decision supersedes all previous delegations.

 

Resource Implications: There are no resource implications associated with this decision.

 

Action required: The Executive Officer, Home Affairs to request 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 to be given to the Chief Minister’s Department for inclusion of the relevant information on the central register of delegations.

 

Signature:

 

 

Position:

Minister for Home Affairs

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

Hide report
Home Affairs: Delegation of Functions

Home Affairs Department

 

Delegated Functions

 

Article 28 of the States of Jersey Law 2005 provides that a Minister may delegate, wholly or partly, functions conferred upon or vested in him by or under the States of Jersey Law 2005, or any other enactment, or any enactment of the UK having effect in Jersey to his Assistant Minister or an officer.

 

The Defence and Home Affairs Committees and previous Ministers for Home Affairs have previously delegated certain functions.

 

The following delegations to the various Heads of Service within the Home Affairs Department and to the Assistant Minister (in addition to those already delegated to him, in a separate Ministerial Decision – MD-HA-2011-0091) are therefore recommended:

 

Home Affairs

 

Legislation:

 

Explosives (Jersey) Law 1970

Delegate:

 

Chief Officer, Home Affairs Department

Function delegated:

 

Issuing of licences under this piece of legislation

Scope of delegation:

 

Notification to be submitted to the Minister for Home Affairs at the earliest opportunity

 

 

Legislation:

 

Firearms (Jersey) Law 2000

Delegate:

 

Chief Officer, Home Affairs Department

Function delegated:

 

Responsibility for signing certificates of registration as firearms dealers

Scope of delegation:

 

The issue of certificates under a Ministerial decision to authorise the Firearms dealer applicants.

 

 

Finance

 

Legislation:

 

Public Finances (Jersey) Law 2005

Delegate:

 

Accounting Officers

Function delegated:

 

Compliance with all Finance Directions issued under

Article 34 of the Public Finances (Jersey) Law 2005 where they relate to the finances or operations of the Department and States of Jersey Police.

Reason for delegation:

 

To enable compliance with all Finance Directions and to ensure specific requirements contained within each of the Financial Directions are delegated to the Chief Officers and or Finance Director.

 

Legislation:

 

Public Finances (Jersey) Law 2005

Delegate:

 

Accounting Officers

Finance Director

Function delegated:

 

Approve the Department’s authorised signature schedule and approved expenditure limits conditional upon them being within pre-authorised limits.

Reason for  delegation:

 

To reduce the administrative burden on the Minister.

 

 

Legislation:

 

Public Finances (Jersey) Law 2005

Delegate:

 

Accounting Officers

Service Heads

Function delegated:

 

Accept Tenders not exceeding £250,000.

Reason for delegation:

 

To reduce the administrative burden on the Minister. As part of the Departmental quarterly reporting mechanism, the Minister will receive a report showing the details of any tenders accepted up to the value of £250,000.

 

 

Legislation:

 

Public Finances (Jersey) Law 2005

Delegate:

 

Accounting Officers

Service Heads

Function delegated:

 

Responsibility for signing formal contracts, forms of engagement and appointment of consultants up to their allocated financial authorisations.

Reason for delegation:

 

To reduce the administrative burden on the Minister.  As part of the Departmental quarterly reporting mechanism, the Minister will receive a report showing the number of contracts, their form and contract value.

 

 

Legislation:

 

Public Finances (Jersey) Law 2005

Delegate:

 

Accounting Officers

Finance Director

Function delegated:

 

Authorisation of non-contentious budget transfers up to the value of £250,000.

Reason for  delegation:

 

To reduce the administrative burden on the Minister.

 

 

 

 

 

 

Customs and Immigration Department

 

Legislation:

 

Immigration (Work Permit) (Jersey) Rules 1995

Delegate:

 

The Head of the Customs and Immigration Service or, deputising for him, the Director Legal Status & Revenue or the Assistant Director Immigration Casework & Nationality

Function delegated:

 

The consideration of applications for work permits under the Immigration (Work Permits) (Jersey) rules 1995, and their approval or rejection

Scope of delegation:

 

The issue of work permits to persons who do not have the right of abode in the Bailiwick.

 

 

Legislation:

 

Customs and Excise (Import and Export Control) (Jersey) Order 2006

Delegate:

 

Agent of the Impôts (the Head of the Customs and Immigration Service)

Function delegated:

 

The power to grant a licence to import and / or export goods under Article 4 of the Customs and Excise (Import and Export Control) (Jersey) Order 2006

Scope of delegation:

 

This controls imports and / or exports by setting a licensing regime for restricted goods

 

 

States of Jersey Fire and Rescue Service

 

Legislation:

 

Fire Precautions (Jersey) Law 1977, as amended

Delegate:

 

The Chief Fire Officer or, in his absence, the Deputy Chief Fire Officer in temporary command of the Service, or the Senior Fire Safety Officer.

Function delegated:

 

The issuing of fire certificates under the Fire Precautions (Jersey) Law 1977

Scope of delegation:

 

Notification to be submitted to the Minister for Home Affairs at the earliest opportunity.

 

 

Legislation:

 

Fire Precautions (Jersey) Law 1977

Delegate:

 

Chief Fire Officer or, in his absence, Deputy Chief Fire Officer in temporary command of the Service

Function delegated:

 

Power to prohibit or restrict the use of premises in cases of excessive risk, under Article 9 of the Law.

Scope of delegation:

 

Notification of any prohibition or restriction to be notified to the Minister for Home Affairs as soon as possible.

 

 

 

 

 

 

Legislation:

 

Petroleum (Jersey) Law 1984

Delegate:

 

The Chief Fire Officer or, in his absence, the Deputy Chief Fire Officer in temporary command of the Service, or the Senior Fire Safety Officer

Function delegated:

 

Issuing of Petroleum licences under this piece of legislation

Scope of delegation:

 

Notification to be submitted to the Minister for Home Affairs at the earliest opportunity

 

 

Legislation:

 

Explosives (Jersey) Law 1970

Delegate:

 

The Chief Fire Officer or, in his absence, the Deputy Chief Fire Officer in temporary command of the Service, or the Senior Fire Safety Officer

Function delegated:

 

Issuing of Pyrotechnics (fireworks) import licences under this piece of legislation

Scope of delegation:

 

Notification to be submitted to the Minister for Home Affairs at the earliest opportunity

 

 

Legislation:

 

Fire Service (Jersey) Law 1959, as amended

Delegate:

 

The Chief Fire Officer or, in his absence, the Deputy Chief Fire Officer in temporary command of the Service

Function delegated:

 

The power to make an agreement with another fire authority, under Article 5 of the Law, whereby there will, on request, be placed at the Minister’s disposal, members of that authority’s fire brigade for the purpose of enabling the Fire Service to meet any special demands on its services.

Scope of delegation:

 

Notification of agreement to be submitted to Minister for Home Affairs as soon as possible.

 

 

Legislation:

 

Fire Service (Jersey) Law 1959

Delegate:

 

Chief Fire Officer

Function delegated:

 

Determination of the scale of charges for the employment of Fire Service personnel and equipment for purposes other than fire fighting, under Article 6(c) of the Law

Scope of delegation:

 

Notification of the scale of charges to be advised to the Minister for Home Affairs as soon as practicable.

 

 

 

 

 

 

 

Office of the Superintendent Registrar

 

Legislation:

 

Marriage and Civil Status (Jersey) Law 2001

Delegate:

 

Chief Officer, Home Affairs Department, in the case of registers kept by the Superintendent Registrar; and the Superintendent Registrar in the case of registers kept by the parish registrars

Function delegated:

 

Inspection of registers kept by the registrars every 5 years in accordance with Article 75 of the Law

Scope of delegation:

 

 

 

 

States of Jersey Police

 

Legislation:

 

Police Force (Jersey) Law 1974, as amended

Delegate:

 

The Chief Officer, States of Jersey Police, or in his absence, the Deputy Chief Officer

Function delegated:

 

The power, under Article 3(5) of the Law to make an agreement with a Police Force in any other part of the British Islands for members of that Force to be placed at the disposal of the Minister for the purpose of enabling the Force to meet any special demand on its resources

Scope of delegation:

 

During any period of duty in the Island, those officers placed at the disposal of the Minister would carry out the duties and possess the powers and privileges of a Jersey Police Officer.  Notification of any agreement to be submitted as soon as possible to the Minister for Home Affairs.

 

 

Legislation:

 

Police Force (General Provisions) (Jersey) Order 1974, as amended

Delegate:

 

The Chief Officer, States of Jersey Police or, in his absence, the Deputy Chief Officer

Function delegated:

 

The power under Article 4 of the Order to extend, reduce or dispense with the two year period of probation for police constables

Scope of delegation:

 

 

 

Legislation:

 

Police Force (General Provisions) (Jersey) Order 1974, as amended

Delegate:

 

The Chief Officer, States of Jersey Police or, in his absence, the Deputy Chief Officer

Function delegated:

 

The appointment of candidates to the States of Jersey Police Force under Article 2 of the Order; and the making of promotions both temporary and permanent, up to and including the rank of Chief Inspector under Article 5(1) of the Order.

Scope of delegation:

 

Notification of appointments and promotions to be submitted to the Minister for Home Affairs as soon as practicable.

 

 

Legislation:

 

Firearms (Jersey) Law 2000

Delegate:

 

Chief Officer, States of Jersey Police

Function delegated:

 

Responsibility for signing permits for possession of a firearm or ammunition for sporting purposes under Article 14(8) of the Law

Scope of delegation:

 

 

 

Prison Service

 

Legislation:

 

Prison (Jersey) Rules 2007

Delegate:

 

Prison Governor or, in his absence, the Deputy Prison Governor

Function delegated:

 

The power under Rule 63 to grant a prisoner remission of a portion of their term of imprisonment, not exceeding one third of the whole, on the grounds of their industry and good conduct.

Scope of delegation:

 

The remission of a portion of the term of imprisonment shall not reduce the term to less than 5 days.

 

 

Legislation:

 

Prison (Jersey) Rules 2007

Delegate:

 

Prison Governor or, in his absence, the Deputy Prison Governor

Function delegated:

 

The power under Rule 64 to grant a prisoner temporary release from La Moye prison to enable them to engage in employment or receive training or in other circumstances as approved by the Minister for Home Affairs; and to recall them to prison

Scope of delegation:

 

Notification to be submitted to the Minister for Home Affairs at the earliest opportunity

 

 

Legislation:

 

Prison (Jersey) Rules 2007

Delegate:

 

Prison Governor or, in his absence, the Deputy Prison Governor

Function delegated:

 

The power under Rule 64 to grant a prisoner temporary release for compassionate reasons away from Jersey

Scope of delegation:

 

Notification to be submitted to the Minister for Home Affairs at the earliest opportunity

 

 

 

 

Legislation:

 

Prison (Jersey) Rules 2007

Delegate:

 

Prison Governor or, in his absence, the Deputy Prison Governor

Function delegated:

 

The power under Rule 64 to grant a prisoner temporary release from La Moye prison to enable them to engage in employment or receive training or in other circumstances as approved by the Minister for Home Affairs, and to recall them to prison

Scope of delegation:

 

Notification to be submitted to the Minister for Home Affairs at the earliest opportunity

 

 

Legislation:

 

Criminal Justice (Young Offenders) (Jersey) Law 1994

Delegate:

 

Prison Governor or, in his absence, the Deputy Prison Governor

Function delegated:

 

The determination of supervision requirements, on release from custody, of young offenders in accordance with Article 10 of the Law

Scope of delegation:

 

Notification to be submitted to the Minister for Home Affairs at the earliest opportunity

 

 

Legislation:

Prison (Jersey) Rules 2007,  Rule 67

 

 

Delegate:

The Assistant Minister for Home Affairs

 

 

Function delegated:

The power to extend the order removing a prisoner from associating with other prisoners as prescribed by the Prison Governor, or to renew the order as prescribed by the Prison Governor.

 

 

Scope of delegation:

Notification to be submitted to the Minister for Home Affairs at the earliest opportunity.

 

 

Legislation:

Prison (Jersey) Rules 2007,  Rule 71(3) (b)

 

 

Delegate:

The Assistant Minister for Home Affairs

 

 

Function delegated:

The power to extend the period of restraint for a prisoner in writing for more than 24 hours.

 

 

Scope of delegation:

Notification to be submitted to the Minister for Home Affairs at the earliest opportunity.

 

 

Legislation:

Prison (Jersey) Rules 2007,  Rule 82(3)

 

 

Delegate:

The Assistant Minister for Home Affairs

 

 

Function delegated:

The power to give written authority for Removal from Association pending the preparation of a report under Rule 81, and to renew that authority month by month.

 

 

Scope of delegation:

Notification to be submitted to the Minister for Home Affairs at the earliest opportunity.

 

 

Legislation:

Prison (Jersey) Rules 2007,  Rule 100(3)

 

 

Delegate:

The Assistant Minister for Home Affairs

 

 

Function delegated:

The power to consider and respond to complaints received within the stipulated time period

 

 

Scope of delegation:

Notification to be submitted to the Minister for Home Affairs at the earliest opportunity.

 

 

Legislation:

Prison (Jersey) Rules 2007,  Rule 101(5)

 

 

Delegate:

The Assistant Minister for Home Affairs

 

 

Function delegated:

The power to consider and respond to complaints against the Prison Governor within the stipulated time period

 

 

Scope of delegation:

Notification to be submitted to the Minister for Home Affairs at the earliest opportunity.

 

 

Executive Officer, Home Affairs

February 2012

1

 

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