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Nursing & Residential Homes, Nursing Agencies, and Piercing & Tattooing: Authority to enter premises

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 6 July 2018

Decision Reference:        MD-HSS-2018-0031

Decision Summary Title :

Authority to Enter Premises, Regulation Officers

Date of Decision Summary:

03 July 2018

Decision Summary Author:

 

Head of Professional and Care Regulation

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title :

Authority to Enter Premises – Regulation Officers

Date of Written Report:

3 July 2018

Written Report Author:

Head of Health Protection

Written Report :

Public or Exempt?

 

Public

Subject:   Authority to enter premises, Regulation Officers

Decision: 

 

The Minister authorised the following officers to enter premises, in accordance with the attached report –

 

Nursing and Residential Homes (Jersey) Law 1994

Christine Blackwood, Head of Professional and Care Regulation

Kate Hocquard, Regulation Officer

David Luscombe, Regulation Officer

Linzi Mudge, Regulation Officer

Claire White, Quality Assurance Officer

Sandra Labey, H&SSD Senior Pharmacist

 

Piercing and Tattooing (Jersey) Law 2002

Christine Blackwood, Head of Professional and Care Regulation

Kate Hocquard, Regulation Officer

David Luscombe, Regulation Officer

Linzi Mudge, Regulation Officer

Claire White, Quality Assurance Officer

 

Nursing Agencies(Jersey) Law 1978

Christine Blackwood, Head of Professional and Care Regulation

Kate Hocquard, Regulation Officer

David Luscombe, Regulation Officer

Linzi Mudge, Regulation Officer

Claire White, Quality Assurance Officer

 

To enter any and all premises for the purpose of their official duties in pursuance of the statutory provisions in the legislation listed above and in the report attached.

 

 

Reason for decision:

 

The need for the Professional and Care Regulation Team and Pharmacy Inspector to possess a document authorising them to enter premises in pursuance of the delegated duties under various health regulatory legislation.

 

Resource Implications:

 

None

 

Action required:

 

Approval of authority from the Minister to enter premises for members of staff of the Professional and Care Regulation Team and Pharmacy Inspector.

 

Signature:

 

 

 

Position:

Minister for Health and Social Services

Date Signed:

 

 

 

Date of Decision (If different from Date Signed):

 

 

Nursing & Residential Homes, Nursing Agencies, and Piercing & Tattooing: Authority to enter premises

 

States of Jersey

 

DEPARTMENT FOR STRATEGIC POLICY, PERFORMANCE AND POPULATION

 

 

Report from the Head of Professional and Care Regulation to the Minister for Health and Social Services

----------------------------------------------------------------------------------------------------------------------

TITLE: Authority to Enter Premises – Professional and Care Regulation Team Officers and other inspectors

----------------------------------------------------------------------------------------------------------------------

 

 

1. Nursing and Residential Homes (Jersey) Law 1994

 

As part of the Minister’s statutory responsibility regulating Nursing and Residential Homes he can authorise inspectors to visit and inspect premises on his behalf.  This is set out under Article 19 of the Nursing and Residential Homes (Jersey) Law 1994 which states:

 

“(1) ... any person authorised in that behalf by the Minister may at any time, after producing, if asked to do so, some duly authenticated document showing that he is so authorised, enter and inspect any premises which are used, or which that person has reasonable cause to believe to be used, for the purposes of a home to which this law applies,”

 

The Minister is recommended to authorise the following officers for this purpose:

 

Christine Blackwood, Head of Professional and Care Regulation

Kate Hocquard, Regulation Officer

David Luscombe, Regulation Officer

Linzi Mudge, Regulation Officer

Claire White, Quality Assurance Officer

Sandra Labey, H&SSD Senior Pharmacist

 

2. Piercing and Tattooing (Jersey) Law 2002

 

Registration and Inspection Officers also carry out inspections of premises registered under the Piercing and Tattooing Law.  This states under Article 7 that the Minister

 

“(1) may appoint in writing any person whom the Minister considers to be suitably qualified to be a designated officer for the purposes of all or any part of this Law

(2) A designated officer who is exercising his or her powers under this Law shall on request

 (a) produce evidence of his or her authority to do so;”

 

The Minister is recommended to authorise the following officers for this purpose

 

Christine Blackwood, Head of Professional and Care Regulation

Kate Hocquard, Regulation Officer

David Luscombe, Regulation Officer

Linzi Mudge, Regulation Officer

Claire White, Quality Assurance Officer

 

 

3. Nursing Agencies (Jersey) Law 1978

 

The registration and inspection team are responsible for carrying out the inspection of Nursing Agencies on behalf of the Minister for Health and Social Services.  Under Article 4 of the Law:

 

“(1) A registered nurse or other officer duly authorized in that behalf by the Minister may at all reasonable times, on the production of so required, of evidence of his or her authority –

 (a) enter the premises specified in any licence or application for a licence under this Law or any premises which are or are to be used or which that officer has reasonable cause to believe are  to are to be use for the purposes of or in connection with a nursing agency; and

 (b) inspect those premises and records kept in connection with any such agency carried on at those premises.”

 

The Minister is recommended to authorise the following officers for this purpose.

 

Christine Blackwood, Head of Professional and Care Regulation

Kate Hocquard, Regulation Officer

David Luscombe, Regulation Officer

Linzi Mudge, Regulation Officer

Claire White, Quality Assurance Officer

 

 

Christine Blackwood

Head of Professional and Care Regulation

 

3 July 2018

 

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