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

Ministerial Decision: Gender Recognition (Disclosure of Information) (Jersey) Order 2010

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 11 May 2010 regarding: Gender Recognition (Disclosure of Information) (Jersey) Order 2010.

Decision Reference: MD-C-2010-0039 

Decision Summary Title :

Gender Recognition (Disclosure of Information) (Jersey) Orders 2010

Date of Decision Summary:

23 April 2010

Decision Summary Author:

Policy and Research Officer

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 :

Gender Recognition (Disclosure of Information) (Jersey) Law 2010

Date of Written Report:

23 April 2010

Written Report Author:

Policy and Research Officer

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:  Gender Recognition (Disclosure of Information) (Jersey) Order 2010

Decision(s):  The Chief Minister made the Gender Recognition (Disclosure of Information) (Jersey) Order 2010.

Reason(s) for Decision:  The Chief Minister, in pursuance of Articles 18(6) and 20 of the Gender Recognition (Jersey) Law 2010, made the Order for the Disclosure of Information. 

Article 18(1) of the Gender Recognition Law provides that it is an offence for a person who has acquired protected information in an official capacity to disclose this information to any other person. “Protected information” is defined as information that would reveal that a person has an acquired gender or has applied for a certificate under the Law.  

Article 18(4), however, sets out certain circumstance where the disclosure of protected information does not constitute an offence, for example, where the person to whom the information relates is not identifiable or has agreed to the disclosure. Under Article 18(6) the Minister may by Order also prescribe additional circumstances in which the disclosure of protected information does not constitute an offence. This Disclosure of Information Order prescribes such circumstances – 

·     Disclosure for the purpose of obtaining legal advice

·     Disclosure for religious and medical purposes

·     Disclosure by or on behalf of a credit reference agency

·     Disclosure for the purposes of the Viscount's functions

Resource Implications:  There are no financial or manpower implications arising from this Order.

Action required:  The Chief Minister should sign and seal the attached Gender Recognition (Disclosure of Information) (Jersey) Order 2010. 

The Chief Minister’s Department shall –  

(1)     inform the Greffier of the States and the Law Draftsman immediately when the Order is made;

(2)     deliver the signed and sealed Order to the Publications Editor, States Greffe, for notification to the States.

Signature: 

Position:  Senator Terry Le Sueur, Chief Minister 

Date Signed: 

Date of Decision (If different from Date Signed):

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