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Gorey Fete (Jersey) Order 201-: Law drafting instructions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 29 June 2015:

Decision Reference: MD-T-2015-0044

Decision Summary Title :

Gorey Fête 2015 - Entertainment on Public Roads Application: Part 1

Date of Decision Summary:

24 June 2015

Decision Summary Author:

 

Technical Assistant

Traffic and Infrastructure

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

St Martin Gymkhana & Fete Committee’s Application to hold the Gorey Fete 2015

Date of Written Report:

24 June 2015

Written Report Author:

Technical Assistant

Traffic and Infrastructure

Written Report :

Public or Exempt?

 

Public

Subject:  The Gorey Fête 2015

 

Decision(s): The Minister approved the preparation of an Order under Article 2 of the Entertainments on Public Roads (Jersey) Law 1985 to enable the Gorey Fête 2015.

 

Reason(s) for Decision: The Minister accepted that the proposed road closures and associated traffic management appeared both reasonable and justified (subject to the completion of statutory draft Order consultation with other relevant authorities).

 

Resource Implications: TTS Officer and Law Draftsman’s time.

 

Action Required: Technical Assistant to forward a copy of the Ministerial Decision along with an Instructing Memorandum and the Promoter’s Application to the Law Draftsman.

 

Signature:

 

 

Position:

Minister for Transport and Technical Services

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

Gorey Fete (Jersey) Order 201-: Law drafting instructions

TRANSPORT AND TECHNICAL SERVICES

 

ST MARTINS GYMKHANA AND FETE COMMITTEE’S  APPLICATION TO HOLD THE

 

GOREY FETE 2015

 

 

Purpose of the Report

 

To obtain a Ministerial Decision regarding approval of road closures and traffic restrictions for the purpose of holding the Gorey Fête on Thursday 20 August 2015

 

In addition, to enable an instruction to be sent to the Law Draftsman requesting preparation of an Order under Article 2 of the Entertainments on Public Roads (Jersey) Law 1985.

 

 

Background

 

The St Martin’s Gymkhana and Fête Committee (the Promoter) has submitted details of its proposed road closures and traffic restrictions for the 2015 event. The event is enabled by Order of the Transport and Technical Services Minister under Article 2 of the Entertainments on Public Roads (Jersey) Law 1985.

 

 

Discussion

 

The Order will enable the event promoter to close Gorey Pier, the adjacent coach parking area, and a section of the main road for the purpose of the event, as well as to restrict traffic in the vicinity.

 

This year, as in previous years, a one way system will operate before the event to ease traffic congestion throughout the day. Restrictions for this year’s event will be similar to those of 2011 in that a one-way system will be established on Gorey Coast Road, Le Mont de Gouray, Beach Road, La Route de la Côte and La Route Le Brun. These restrictions will apply from 8am on the day of the Fête until 6pm at the start of the Fête.

 

At 6pm the closure will be expanded to take over both carriageways as the Bailiffs Events Panel in previous years asked that the event arena be increased to create a larger area for crowds to gather. This new area allows a bigger space for the crowds to enjoy the fete in greater safety.

 

To facilitate this increase in arena size the promoter requested the closure of a key section of the coast road. The region to be closed extends from the beginning of the Coach Lay-by on La Route de le Cote to a point on Le Mont de Gouray which is exactly equidistant from the Pound Shop and the Café to the east of the Public Car Park (see Map 1).

 

This closure will apply from 6pm Thursday 20 August until 10am Friday 21 August.

 

 

Traffic Management Summary (See Map 2)

 

Buses: - The closure will directly affect the running of routes 1, 1a, 23 and 29. The 1 and 1a will no longer be able to terminate at Gorey Pier so will be terminating at Beach Road and returning to town through the village. The 23 will not run, but will be replaced by extra services of the 1 and 1a. The number 29 will no longer be able to terminate at Gorey Pier. It has been agreed in principle, with the Public Transport Planner, that a replacement bus service will link St Catherines, Gorey, Durrell Wildlife Centre and town to keep the users of these services connected to the bus network while the road is closed. The promoter will work with Liberty Bus and TTS to arrange the provision of this service.

 

HGV’s: – Hauliers will be contacted by the promoter and advised to avoid using the closed route with all deliveries being diverted at source.

 

Normal Traffic: - Traffic flow will be aided by a one way system through Gorey Village and up the minor road leading to Le Mont de Gouray. South bound traffic from St Catherines will be diverted up both Les Mont des Landes and La Route de St Catherine. Southbound traffic from the Anne Port area will be subject to the same diversion as bus route 1b. It is to be expected that during the traffic restrictions vehicle numbers will increase on local by-roads.

 

St Martin’s Gymkhana and Fête Committee have once again asked for the inclusion of the provision first introduced in to the 2006 Order giving police officers and members of the Fête Committee discretionary power to restrict traffic to the site of the event (the Harbour Pier) in the interests of safety, where access to premises might ordinarily be granted.

 

All other details are as per the 2014 Order. 

 

Recommendation

 

The Minister is recommended to approve the Gorey Fête 2015 and the preparation of an Order under Article 2 of the Entertainments on Public Roads (Jersey) Law 1985.

 

Reason(s) for Decision

 

The proposed road closures and associated traffic management (subject to stated amendments) being reasonable and justified.

 

 

Resource Implications

 

TTS Officer and Law Draftsman’s time.

 

Action Required

 

Technical Assistant to forward a copy of the Ministerial Decision along with an Instructing Memorandum and the Promoter’s Application to the Law Draftsman.

 

 

 

Written by:

Technical Assistant, Traffic and Infrastructure

Approved by: 

Director, Engineering and Infrastructure

Attachments:

Event Plan & Traffic Management Plan

 

Y:\Minister\2015\Ministerial Decisions 2015\MD 00 Gorey Fete 2015 Part 1\WR Gorey Fete 2015 Part 1.docx

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