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Information and public services for the Island of Jersey

L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Appointment of the Mental Health (Jersey) Law 2016 Administrator

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 26 June 2019

Decision Reference:       MD-HSS-2019-0032

Decision Summary Title :

The appointment of the Mental Health (Jersey) Law 2016 Administrator

Date of Decision Summary:

26th June 2019

Decision Summary Author:

 

Administration Services Manager – Adult Mental Health

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

Administration Services Manager – Adult Mental Health

Written Report

Title :

The appointment of the Mental Health (Jersey) Law 2016 Administrator

Date of Written Report:

26th June 2019

Written Report Author:

Administration Services Manager – Adult Mental Health

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:   Appointment of Allison Le Couteur by the Minister as the Mental Health Law Administrator.

 

Decision(s):  The Minister, having been briefed by his officers on the suitability of Allison Le Couteur to fulfil the role of Mental Health Law Administrator, agreed to the appointment under Article 4 (1) of the Mental Health (Jersey) Law 2016.

 

Reason(s) for Decision: The Minister has a duty under Article 4 (1) of the Mental Health (Jersey) Law 2016 which states ‘The Minister must appoint a person to be the administrator in relation to such matters under this law, and in Part 5 of the Capacity Law, as the Minister may (by code of practice or otherwise) direct’.  This appointment is due to a change in personnel and a permanent employee commencing on 1st July 2019.

 

Resource Implications: Resources have already been identified and allocated for this role and function.

Action required: For the Minister to sign the order authorizing the Mental Health Law Administrator.

 

Signature:

 

 

Position:

Minister for Health and Community Services

 

Date Signed: 26th June 2019

 

 

Date of Decision (If different from Date Signed):

 

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