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

Security Interests (Application of Law - Exceptions) (Jersey) Order 2013

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 20 December 2013:

Decision Reference:       MD-C-2013-0162

Decision Summary Title :

Draft Security Interests (Application of Law – Exceptions) (Jersey) Order 2013

Date of Decision Summary:

20th December 2013

Decision Summary Author:

 

Officer, Finance Industry Development, Financial Services

Decision Summary:

Public or Exempt?

(If 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 :

Order under the Security Interests (Jersey) Law 2012

Date of Written Report:

 18th December 2013

Written Report Author:

Director, Finance Industry Development, Financial Services

Written Report :

Public or Exempt?

(If exempt, state clauses from Code of Practice booklet)

Public

Subject: Security Interests (Application of Law – Exceptions) (Jersey) Order 2013

Decision(s): The Deputy Chief Minister made the Security Interests (Application of Law – Exceptions) (Jersey) Order 2013

Reason(s) for Decision: Article 4 of the Security Interests (Jersey) Law 2012 (“the Law”) deals with the Application of the Law.

 

Article 4A of the Law allows Security Interests to be prescribed to which, in all or any prescribed circumstances, any prescribed provision of this Law shall not apply or shall apply only to the extent prescribed.  It is recommended that Article 4(a)(vii), (ix) and (x) are partially dis-applied as a result of advice received from the Security Interests Steering Group and the Chief Minister’s external subject matter expert.

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

Action required: That the Minister signs and seal the Order and it be returned to the States Greffe for immediate publication as well as a request being made to the Greffier of the States to arrange for its notification to the States Assembly.

Signature:

  

 

 

 

Position:

 

 

 

Deputy Chief Minister

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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