Approved Code of Practice on Managing Health and Safety in Construction (ACoP11): Withdrawal

Information about the publication of Ministerial Decisions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 28 September 2016:

Decision Reference: MD - S - 2016 - 0066
Decision Summary Title :	Approved Code of Practice on Managing Health and Safety in Construction		Date of Decision Summary:	26 September 2016
Decision Summary Author:	Director of Health and Safety		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Report on the revocation of the ‘Approved Code of Practice on Managing Health and Safety in Construction’		Date of Written Report:	14 September 2016
Written Report Author:	Director of Health and Safety		Written Report : Public or Exempt?	Public
Subject: Approved Code of Practice on Managing Health and Safety in Construction (ACoP11)
Decision(s): In accordance with Article 10 of the Health and Safety at Work (Jersey) Law, 1989, the Minister agreed to withdraw approval for the Code of Practice on Managing Health and Safety in Construction, with effect from 1 October 2016
Reason(s) for Decision: The decision by the Minister to withdraw approval for the ‘Approved Code of Practice on Managing Health and Safety in Construction’ which came into force on 1 January 2015, was made as the requirements of the Code have been incorporated into the ‘Health and Safety (Management in Construction)(Jersey) Regulations 2016
Resource Implications: There are no implications for the financial or manpower resources of the States
Action required: In accordance with Article 10 of the Health and Safety at Work (Jersey) Law, 1989,the Director of Health and Safety to arrange for publication of the decision to withdraw approval for the Code of Practice, effective from 1 October 2016, in the Jersey Gazette
Signature:		Position: MINISTER
Date Signed:		Date of Decision (If different from Date Signed):