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Probate (Forms and Particular Holders) (Jersey) Order 2023

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 24 October 2023:

Decision Reference:  MD-HSS-2023-717

Public

Subject: Making of: Probate (Forms and Particular Holders) (Jersey) Order 2023

 

Report Title: Probate (Forms and Particular Holders) (Jersey) Order 2023

Public

Decision(s):

The Minister decided to make the Probate (Forms and Particular Holders) (Jersey) Order 2023.

Reason for Decision(s):

Following the adoption of the Probate (Amendment) (Jersey) Law 2023, the Minister is required to designate particular holders who may, in accordance with Article 19B of the Probate (Jersey) Law 1998, release movable estate without a grant and other specifications under that Article and Article 19C.

Resource Implications: There are no resource implications arising from this decision.

 

Action Required: Notify Legislative Drafting that the Order has been made; forward the signed and sealed Order to the Legislative Drafting Office, States Greffe; and request the Greffier of the States to arrange for the making of the Order to be notified to the States.

Signature:

 

 

Signed By: Minister for Health and Social Services

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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