Environmental Health Service: Authority to enter premises for Officers

Information about the publication of Ministerial Decisions

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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
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A decision made 29 February 2016:

Decision Reference: MD-HSS-2016-0011

Decision Summary Title :

Authority to enter premises for Officers of Environmental Health

Date of Decision Summary:

24 February 2016

Decision Summary Author:

Interim Head of Environmental Health

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 :

Authority to enter premises for Officers of Environmental Health

Date of Written Report:

6 February 2016

Written Report Author:

Interim Head of Environmental Health

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Authority to enter premises for Officers of the Environmental Health Service

Decision(s): The Minister, following discussions with his officials, agreed that authority be granted as detailed in the report.

Reason(s) for Decision: The authority to enter premises is an integral part of the duties of the Officers of the Environmental Health Service in safeguarding the health of Islanders.

Resource Implications: There are no resource implications.

Action required: The necessary documents should be to issued to the Officers

Signature:

Position:

Minister for Health and Social Services

Date Signed:

Date of Decision (If different from Date Signed):

Environmental Health Service: Authority to enter premises for Officers

States of Jersey

Health and Social Services Department

PUBLIC HEALTH DIRECTORATE

Report from the interim Head of Environmental Health

Authority to Enter Premises – Officers of the Environmental Health Service

Background:

Under Article 10 of the Loi (1934) Sur la Santé Publique (Public Health Law 1934) it was a requirement of the previous Health and Social Services Committees to name one or more Sanitary Officers (now referred to as Environmental Health Officers) “whose duties shall be determined by the special regulations adopted to this effect by the Committee”.

It was also recognised that staff of the Environmental Health Service should possess a document authorising them to enter premises in pursuance of their duties under public health legislation, with the proviso that those officers, other than registered Environmental Health Officers, were only authorised to enter premises under associated public health legislation as the Public Health Law 1934 expressly precluded them from having statutory power of entry.

Laws for which Authorisation of Officers is required from the Minister:

Article 3 - Public Health (Vessels and Aircraft) (Jersey) Law 1950 (EHOs only)
Article 10 – Public Health Law 1934 (EHOs only)
Article 1 – Food Safety (Jersey) Law 1966
Article 1 - Statutory Nuisances (Jersey) Law 1999
Article 1(F) – Restriction on Smoking (Jersey) Law 1973
Article 3 - Burials and Exhumation (Jersey) Law 2004
Article 5(9) - Food Safety (Miscellaneous Provisions) Law 2000
Articles 5 (2), 17 (1) & 23 (1)Restriction on Smoking (Advertising, Promotion and Display) (Jersey) Regulations 2013 (new)

Issues:

Changes in the personnel of the Environmental Health Service, and in some cases changes in job titles, require the updating of the authority to enter premises for Officers of the Environmental Health Service.

Financial Implications - There are no financial implications attached to this report

Recommendation - The Minister is recommended to approve the authorisation of the following Officers in accordance with the legislative requirements:

For Legislation 1-8 listed in the above list:

Stewart Petrie – Interim Head of Environmental Health

Caroline Maffia – Environmental Health Officer

Alan Irving – Environmental Health Officer

Ralph McAleer –Environmental Health Officer

Dr Peter Brown – Environmental Health Officer

For Legislation 3-8 listed in the above list:

John Fail, Senior Environmental Health Technician

Robert Wareing-Jones, Senior Environmental Health Technician

Steve Andrews, Senior Environmental Health Technician

Steve Sands, Senior Environmental Health Technician

Felicity Guest, Trainee Environmental Health Officer

to enter any premises at all reasonable hours for the purpose of their official duties in pursuance of the statutory provisions listed above in that behalf.