Charities (Timing of Annual Return) (Jersey) Order 2019 and the Charities (Additional Information) (Amendment) (Jersey) Order 2019

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 16 December 2019

MINISTERIAL DECISION REFERENCE: MD-ER-2019-63
DECISION SUMMARY TITLE: The Charities (Timing of Annual Return) (Jersey) Order 2019 and the Charities (Additional Information) (Amendment) (Jersey) Order 2019
DECISION SUMMARY AUTHOR:	Lead Policy Advisor, Financial Services	IS THE DECISION SUMMARY PUBLIC OR EXEMPT?		Public
REPORT TITLE: N/A
REPORT AUTHOR OR NAME OF PERSON GIVING REPORT: (if different from Decision Summary Author)	-	IS THE REPORT PUBLIC OR EXEMPT		-
DECISION AND REASON FOR THE DECISION: The Minister for External Relations (to whom responsibility for the Charities (Jersey) Law 2014 (the “Law”) has been transferred pursuant to R&O 40-2019) made the Charities (Timing of Annual Return) (Jersey) Order 2019 and the Charities (Additional Information) (Amendment) (Jersey) Order 2019. The Orders will come into force seven days after being made. All registered charities are required to file annual returns pursuant to the provisions of the Law and the Charities (Additional Information) (Jersey) Order 2018. These new Orders set out the time period for filing and some additional requirements in relation to the Annual Return. The Charities (Timing of Annual Return) (Jersey) Order 2019 requires the annual return to be filed within two months of the anniversary of the entity being registered or such other date as may be agreed with the Commissioner during the first year after registration. The register will state ‘Late’ if any entity fails to file its return within the time period. The Charities (Additional Information) (Amendment) (Jersey) Order 2019 requires each registered charity, in addition to what is already required, to provide a narrative statement setting out how the entity has complied with its duty to provide public benefit in relation to its charitable purposes in the relevant preceding year to which the annual return relates. This statement will, after consultation with the Charity Commissioner, appear on the public register.
RESOURCE IMPLICATIONS: There are no resource implications for the States of Jersey as a result of this decision.
ACTION REQUIRED: The Lead Policy Advisor, Financial Services is to request that the Greffier of the States publishes the Orders, and arranges for the making of the Orders to be notified to the States.
SIGNATURE: SENATOR IAN GORST			POSITION: MINISTER FOR EXTERNAL RELATIONS

DATE SIGNED			EFFECTIVE DATE OF THE DECISION