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Charities (Restricted Section of Register) (Jersey) Order 2018 and Charities (Additional Information) (Jersey) Order 2018

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there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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

Ministerial decision reference    MD-C-2018-0084 

Decision summary title  Draft Orders to support the introduction of the Jersey Charity Register

Decision summary author

Assistant Director of Social Policy

Is the decision summary public or exempt?  

Public

Report title  Draft Orders to support the introduction of the Jersey Charity Register

Report author or name of

person giving report

Assistant Director of Social Policy

Is the report public or exempt?

Public

Decision and reason for the decision The Assistant Chief Minister, with delegated responsibility from the Chief Minister, made the following orders to support the introduction of the Charity Register in Jersey.

In pursuance of Articles 9 and 39 of the Charities (Jersey) Law 2014 (the “2014 Law”):

CHARITIES (RESTRICTED SECTION OF REGISTER) (JERSEY) ORDER 201- which sets out the conditions that an applicant for the restricted section must meet in order to gain entry onto the restricted section of the register.  The principal condition being that the entity must refrain from soliciting donations from the general public. The Order defines what a donation is, what soliciting means, and specifies the persons who are disregarded from being members of the public for these purposes, and thus from whom donations can be solicited.

 

In pursuance of Articles 8(3)(n), 11(2)(e)(iv), 13(7) to (9) and 39 of the 2014 Law:

CHARITIES (ADDITIONAL INFORMATION) (JERSEY) ORDER 201- defines core financial information by reference to the Charities (Core Financial Information) (Jersey) Regulations 2018 and governor payments as payments made by or on behalf of a registered charity to a governor of that charity.  It also defines the non-financial information that must be provided in an application to register as well as the information required for subsequent annual returns.

 

Resource implications There are no financial or manpower implications arising from this Ministerial Decision.

Action required The Assistant Director to notify the Greffier of the States and the Law Draftsman that the Order has been made and forward the signed and sealed Order to the Publications Editor, States Greffe, and request the Greffier of the States to arrange for its notification to the States.

Signature

 

 

 

 

Position

 

Senator Paul Routier M.B.E

Assistant Chief Minister

 

 

 

Date signed

 

Effective date of the decision

 

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