Skip to main content Skip to accessibility
This website is not compatible with your web browser. You should install a newer browser. If you live in Jersey and need help upgrading call the States of Jersey web team on 440099.
Government of Jerseygov.je

Information and public services for the Island of Jersey

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

Jersey Consumer Council: Transitional Arrangements

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 1 November 2011 regarding:

Decision Reference: MD-ED-2011-0183

Decision Summary Title :

DS – Jersey Consumer Council – Transitional Arrangements

Date of Decision Summary:

28th October 2011

Decision Summary Author:

 

 Director of Trading Standards           

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Jersey Consumer Council – Transitional Arrangements

Date of Written Report:

28th October 2011

Written Report Author:

Director of Trading Standards

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:  Jersey Consumer Council – Transitional Arrangements

 

Decision(s):  The Minister has decided to approve the recommendation in the attached report in relation to the re-appointment of Council members until 31st January 2012.

 

 

Reason(s) for Decision:  The adoption by the States of P182/2010 has resulted in a new mandate for the Jersey Consumer Council. A requirement of that mandate led to P89/2011 to establish the Council as a legal entity. Once this is achieved there needs to be a clear understanding that the current Council Members will continue in office until the Appointments Commission has completed the recruitment of a new Chairman. This will ensure a smooth transition from the current position to the new mandate as laid out in P182/2010.

 

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

 

Action required:   Director of Trading Standards to notify current Chairman and Members of the transitional arrangements.

 

Signature:

 

 

AJH Maclean

Position:

 

Economic Development Minister

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

Jersey Consumer Council: Transitional Arrangements

 

Economic Development Minister

 

Jersey Consumer Council -Transitional Arrangements

Appointment of New Chairman

Registration as a Legal Entity

 

Background

The Jersey Consumer Council (JCC) was created by Act of the States in 1995 and since that time the JCC has had the same Chairman, Senator Alan Breckon. Earlier this year the States adopted Proposition P182/2010 which prescribed a new mandate for the JCC and one major change from the previous constitution is that the Chairman is no longer required to be a States member. Another important change is that the JCC will be set up as an independent legal entity in the form of an Association under the Loi (1862) sur les teneures en fideicommis et l’incorporation d’associations in order to enable the Council to rent accommodation and enter into contracts in its own right.  

 

Current Position

The term of office of Senator Breckon ends on 31st December 2011 and he stated in 2010 that he would not be seeking a further term as Chairman. The Jersey Appointments Commission is currently overseeing the recruitment and selection of a new Chairman for the JCC. This process will not be completed in time to enable a report and proposition by the Economic Development Minister recommending a replacement for Senator Breckon to be debated before the end of the year.

 

Regarding the setting up of the JCC as a legal entity as agreed by the States in adopting P89/2011, it is anticipated that this will be completed by mid November at the latest. Once the JCC exists as an Association with a registered constitution there will be a transitional period where the current Chairman and Council Members will need to remain in office until the new Chairman is formally appointed.

 

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

 

Recommendation    

It is recommended that, by Ministerial Decision, the Minister re-appoints the current Council Members of the JCC pursuant to registration as an Association in the Royal Court. The period of re-appointment will cease no later than 31st January 2012 by when the States will have approved the appointment of a new Chairman.

 

 

Director

Trading Standards

28th October 2011

Back to top
rating button