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Delegation of Ministerial Powers during period of the Minister's Annual Leave

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (16.12.2008) to delegate ministerial powers during the period of the Minister's annual leave. 

Decision Reference:       MD-HSS-2008-0060

Decision Summary Title :

Delegation of Ministerial Powers During the Period of the Minister’s Annual Leave.

Date of Decision Summary:

16 December 2009

Decision Summary Author:

 

Tracey Fullerton, Assistant Director Corporate Planning and Performance Management

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Oral

Person Giving

Oral Report:

Senator James Perchard, Minister for Health and Social Services

Written Report

Title :

-

Date of Written Report:

-

Written Report Author:

-

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

-

Subject:

Ministerial approval for the delegation of powers to Assistant Minister, Deputy J.A. Martin, with regard to the States of Jersey Law 2005, Article 28 (1), during the Minister’s annual leave period commencing 17.30 hrs 16 December 2008 to 08.30 hrs on 5 January 2009.

Decision(s):

The Minister delegated wholly the functions conferred upon him under the States of Jersey Law 2005, or any other enactment, or any enactment of the United Kingdom having effect in Jersey for the above specified time period.

Reason(s) for Decision:

To ensure continuity of Ministerial Decision making during the Minister’s period of annual leave.

Resource Implications:

None.

Action required:

Assistant Minister, Deputy J.A. Martin, to assume Ministerial powers during the Minister’s period of annual leave.

Signature:

 

 

Position:

Minister for Health and Social Services

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

 

 

 

 

 

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