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Delegation of Functions: Day Care of Children (Jersey) Law 2002

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 10 April 2024:

Decision Reference:  MD-ELL-2024-289

Public

Subject: States of Jersey Law 2005 - Delegation of functions - Delegation of Day Care of Children (Jersey) Law 2002

 

Report Title: States of Jersey Law 2005 - Delegation of functions - Delegation of Day Care of Children (Jersey) Law 2002

Public

Decision(s):

In accordance with the provisions of Article 28 of the States of Jersey Law 2005, the Minister delegated functions vested in him under Articles 7, 8 and 9 of the Day Care of Children (Jersey) Law 2002 to the Group Director for Education.   The Minister also delegated functions vested in him under Articles 2, 3, 4, 5, 10 and 11 of the Day Care of Children (Jersey) Law 2002 to the Manager, Registration and Regulation, Childcare and Early Years Service.  These are set out in the attached report which is presented to the States in accordance with Article 30(1) of the 2005 Law.

Reason for Decision(s):

Article 28(1)(b) of the States of Jersey Law 2005 enables a Minister to delegate functions conferred upon or vested in the Minister to an officer.

Resource Implications: None.

 

Action Required: Officers to request the Greffier of the States to arrange for the Report, setting out the delegation to officers, to be presented to the States Assembly.

Signature:

 

 

Signed By: Minister for Education and Lifelong Learning

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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