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Public Employees (Pensions) (Deferred Pensions, Transfer Payments and Refund of Contributions) (Miscellaneous Amendments) (Jersey) Regulations 201-: 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 made 27 October 2017:

Ministerial decision reference    MD-C-2017-0135 

Decision summary title:  Amendment to the Public Employees (Pensions) (Deferred Pensions, Transfer Payments and Refund of Contributions) (Miscellaneous Amendments) (Jersey) Regulations 201- Lodged au Greffe 10 October 2017

Decision summary author

Pension Regulations and Communications Officer, Treasury and Resources Department

Is the decision summary public or exempt?  

Public

Report title :  N/A

Report author or name of

person giving report

N/A

Is the report public or exempt?

N/A

Decision and reason for the decision

In drafting the Public Employees (Pensions) (Deferred Pensions, Transfer Payments and Refund of Contributions) (Miscellaneous Amendments) (Jersey) Regulations 201- references to age restrictions in respect of deferred benefits for uniformed members in the Public Employees (Contributory Retirement Scheme) (Jersey) Regulations 1967 were unintentionally omitted.  

The Chief Minister decided, in order to rectify this omission, to request the Law Draftsman’s office to draft an amendment to the Public Employees (Pensions) (Deferred Pensions, Transfer Payments and Refund of Contributions) (Miscellaneous Amendments) (Jersey) Regulations 201-.

Resource implications

None

Action required

The Pension Regulations and Communications Officer to request the Law Draftsman’s office to draft an amendment to the Public Employees (Pensions) (Deferred Pensions, Transfer Payments and Refund of Contributions) (Miscellaneous Amendments) (Jersey) Regulations 201-.

Signature

 

 

 

 

 

Position

 

Senator Andrew Green M.B.E.

Deputy Chief Minister

 

 

 

 

Date signed

 

Effective date of the decision

 

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