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EU Legislation (Consumer Protection - Unfair Practices) (Jersey) Regulations 201-: Amendment

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 23 December 2015:

Decision Reference:  MD-E-2015-0113

Decision Summary Title :

Draft EU Legislation (Consumer Protection – Unfair Practices) (Jersey) Regulations 201- (P.134/2015): Amendment

Date of Decision Summary:

22 December 2015

Decision Summary Author:

 

Director of Trading Standards           

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Draft EU Legislation (Consumer Protection – Unfair Practices) (Jersey) Regulations 201- (P.134/2015): Amendment

Date of Written Report:

18 December 2015

Written Report Author:

Director of Trading Standards

Written Report :

Public or Exempt?

Public

Subject:  Draft EU Legislation (Consumer Protection – Unfair Practices) (Jersey) Regulations 201- (P.134/2015): Amendment

Decision(s):  The Minister approved the draft EU Legislation (Consumer Protection – Unfair Practices) (Jersey) Regulations 201- (P.134/2015): Amendment and decided to lodge the draft ‘au Greffe’.

Reason(s) for Decision:  The purpose of the draft amendment Regulations is to clarify two provisions in P.134/2015.

(1) Regulation 2(5) is amended to ensure it is clear that the Regulations include consumer contracts for the supply of services.

(2) Regulation 12 is amended by replacing the word ‘goods’ with ‘product’ to introduce the wider meaning of product. Also the powers of authorised officers are clarified by making reference to the Police Procedures and Criminal Evidence (Jersey) Law 2003 which ensures consistency with general enforcement duties and procedures.

Resource Implications: There are no financial or manpower implications as a result of this decision.

 

Action required:  The Greffier of the States to be requested to arrange to lodge ‘au Greffe’ the Draft EU Legislation (Consumer Protection – Unfair Practices) (Jersey) Regulations 201- (P.134/2015): Amendment and the associated report.

Signature: Senator L.J.Farnham

 

 

Position:   Minister

 

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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