Health and Community Services Department: Delegation of Functions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 27 November 2018:

Decision Reference: MD-HSS-2018-0057
Decision Summary Title :	Health and Community Services-Ministerial Delegation of Authority to officers for the Capacity and Self-Determination (Jersey) Law 2016		Date of Decision Summary:	21st November 2018
Decision Summary Author:	Senior Project Manager, Capacity and Self-Determination Law		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	States Of Jersey Law 2005: Delegation Of Officer Functions – Health And Community Services Capacity and Self-Determination (Jersey) Law 2016 Report		Date of Written Report:	21st November
Written Report Author:	Senior Project Manager, Capacity and Self-Determination Law		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: To delegate to the Capacity and Self-Determination Law Administrator or deputy functions within the Capacity and Self-Determination Law (Jersey) Law 2016 as described within the attached report.
Decision(s): Having been briefed by his officers the Health and Community Services Minister under Article 28 of the States of Jersey Law 2005 approved delegation of responsibility for the Ministerial functions to the Capacity and Self-Determination (Jersey) Law 2016 Administrator or deputy as described in the attached report.
Reason(s) for Decision: To allow the smooth running of the processes relating to the Capacity and Self-Determination (Jersey) Law 2016.
Resource Implications: There are no resource implications
Action required: For the Minister to sign and publish the order
Signature:		Position: Minister for Health and Social Services
Date Signed:		Date of Decision (If different from Date Signed):