Government of Jersey

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A decision made (22/01/2009) regarding: States Employment Board - Delegation of Functions.

Decision Reference: MD-C-2009-0008
Decision Summary Title :	States Employment Board – delegation of functions		Date of Decision Summary:	22 January 2009
Decision Summary Author:	M J Pinel – Head of Employee Relations		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 – States Employment Board		Date of Written Report:	January 2009
Written Report Author:	M J Pinel		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: States Employment Board: delegation of functions
Decision(s): The States Employment Board decided on 12 January, 2009 to delegate some of its responsibilities under the Employment of States of Jersey Employees (Jersey) Law, 2005, and the Health and Safety at Work (Jersey) Law, 1989, to Assistant Ministers in the Chief Ministers’ Department, the Chief Executive to the Council of Ministers and Head of the Public Service and other departmental Chief Officers.
Reason(s) for Decision: Article 10 (1) of the Employment of States of Jersey Employees (Jersey) Law, 2005, gives the Board power to delegate any of its functions to any of its members or to the Chief Executive Officer. If a power is delegated to the Chief Executive Officer, he is entitled, with the approval of the Board, to delegate this power to another person or class of persons.
Resource Implications: None
Action required: The Chief Minister determined that the decision of the States Employment Board to delegate certain of its responsibilities under the Employment of States of Jersey Employees (Jersey) Law, 2005, and the Health and Safety at Work (Jersey) Law, 1989, to Assistant Ministers in the Chief Ministers’ Department, the Chief Executive to the Council of Ministers and Head of the Public Service and other departmental Chief Officers, should be presented to the States Assembly.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

States Employment Board - Delegation of Functions.

States of Jersey Law 2005

Delegation of functions – States Employment Board

Report

On 12th January 2009, the States Employment Board made an Act delegating certain of its functions under the Employment of States of Jersey Employees (Jersey) Law, 2005, and the Health and Safety at Work (Jersey) Law, 1989.

The terms of the delegation were recorded in an Act of the Board as follows:-

“A1. The Board considered its power to delegate certain of its statutory functions and the level of delegation it might wish to apply.

It noted that under Article 10(1) of the Employment of States of Jersey Employees Law 2005, it had power to delegate its functions to any of its members or to the Chief Executive Officer. It further noted that under paragraph (3) of that Law, if a power was delegated to the Chief Executive Officer, he was entitled, with the approval of the Board, to delegate this power to another person or class of persons.

The Board recalled its statutory functions, as set out in Article 8 of the Employment of States of Jersey Employees Law 2005, and decided that, other than in the case of Article 8(1)(a) where policy matters with significant resources implications were involved and Article 8(2)(e), it would delegate its powers to the Chief Executive Officer. It noted that it was being proposed that the following functions would then be delegated by the Chief Executive Officer in the following manner -

(1)

Legislation: Article 8(1)(a) Employment of States of Jersey Employees Law 2005

Delegate: Assistant Minister, Chief Minister’s Department

Function Delegated: To determine policy relating to the employment of, and the terms and conditions of employment of States employees other than procedures for recruitment of States’ employees.

Scope of Delegation: The States Employment Board will exercise all policy making powers where such policies have significant resource implications. Otherwise its powers will be delegated to the Assistant Minister, Chief Minister’s Department.

(2)

Legislation: Article 8(1)(b) Employment of States of Jersey Employees Law 2005

Delegate: Assistant Minister, Chief Minister’s Department

Function Delegated: To ensure that the Public Service conducts itself with economy, efficiency, probity and effectiveness.

Scope of Delegation: In exercising the Board’s powers, the Assistant Minister must ensure that he acts within the scope of any policies, guidelines and procedures that are in force at that time, bearing in mind the powers delegated to him under Article 8(1)(a)

(3)

Legislation: Article 8(1)(c) Employment of States of Jersey Employees Law 2005 and Article 5(1) of the Health and Safety at Work (Jersey) Law, 1989.

Delegate: The member of the Corporate Management Board with responsibility for a particular department or the relevant head of administration of the States in the case of a non-executive department.

Function Delegated: To ensure the health, safety and well-being of States’ employees and other persons visiting States buildings.

Scope of Delegation: Any action taken by the member of the Corporate Management Board or the head of administration of a non-executive department must fall within the scope of any policies, guidelines and procedures that are in force at that time.

(4)

Legislation: Article 8(2)(a) Employment of States of Jersey Employees Law 2005.

Delegate: The member of the Corporate Management Board with responsibility for a particular department or the relevant head of administration of the States in the case of a non-executive department.

Function Delegated: To employ persons on behalf of the States and administrations of the States.

(5)

Legislation: Article 8(2)(b) Employment of States of Jersey Employees Law 2005

Delegate: Director of Human Resources

Function Delegated: Where appropriate to consult or negotiate with States’ employees, or representatives of States’ employees, collective agreement as to the terms and conditions of employment of States’ employees

Scope of Delegation: Any action taken by the Director of Human Resources must fall within the scope of any instructions issued by the Board or the Assistant Minister, Chief Minister’s Department.

(6)

Legislation: Article 8(2)(c) Employment of States of Jersey Employees Law 2005

Delegate: Director of Human Resources

Function Delegated: To determine the employee training and development needs of States’ employees or representatives of States employees and appropriate procedures for appraisal and transfer of States employees.

Scope of Delegation: Any action taken by the Director of Human Resources must fall within the scope of any policies that are in force at that time.

(7)

Legislation: Article 8(2)(d) Employment of States of Jersey Employees Law 2005

Delegate: The member of the Corporate Management Board with responsibility for a particular department or the relevant head of administration of the States in the case of a non-executive department.

Function Delegated: To discipline, suspend or terminate the employment of States’ employees.

(8)

Legislation: Article 8(2)(f) Employment of States of Jersey Employees Law 2005

Delegate: Director of Human Resources

Function Delegated: To determine other matters that may reasonably be considered necessary for the proper administration and management of States’ employees.

Scope of Delegation: Any determination by the Director of Human Resources must fall within the scope of any policies that are in force at that time.

The Board, having considered the abovementioned, approved the further delegation of powers as outlined In doing so, it agreed that the delegated might be required to provide data to the Board relating to the manner in which its powers had been exercised on its behalf. The Board accordingly requested that the Greffier of the States arrange for this Minute to be presented to the States for information.”