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Emergency Powers and Planning (Jersey) Law 1990: Designation of Competent Authority for Medicines: Law Drafting Instructions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 18 October 2019

Decision Reference: MD-HSS-2019-0048

Decision Summary Title :

Emergency Powers and Planning (Jersey) Law 1990 – Designation of Competent Authority for medicines: Law Drafting Instructions

Date of Decision Summary:

18th October 2019

Decision Summary Author:

 

Chief Pharmacist

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Oral

Person Giving

Oral Report:

Head of Integration and Business Continuity

Written Report

Title :

 

Date of Written Report:

 

Written Report Author:

 

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

 

Subject:

Emergency Powers and Planning (Jersey) Law 1990 – Designation of Competent Authority for medicines: Law Drafting Instructions

Decision(s):

The Minister approved the preparation of law drafting instructions for an Act under the provisions of Article 4 of the Emergency Powers and Planning (Jersey) Law 1990.

Reason(s) for Decision:

To enable the Emergencies Council to designate the Minister for Health and Social Services as the competent authority for medicines under the provisions of Article 4 of the Emergency Powers and Planning (Jersey) Law 1990.

Resource Implications:

None

Action required:

  1. The Chief Pharmacist to forward law drafting instructions to the Legislative Drafting Office requesting that the required Act be drafted.

Signature:

 

 

Position:

 

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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