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States of Jersey Law 2005: Standing Orders: Amendment relating to name of Planning Applications Committee: 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 25 May 2016:

Decision Reference:    MD- PE- 2016- 0074

Decision Summary Title:

Law Drafting Request - Amendment of the Standing Orders of the States of Jersey

Date of Decision Summary:

24 May 2016

Decision Summary Author:

Senior Planner

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title:

Law Drafting Request - Amendment of the Standing Orders of the States of Jersey

Date of Written Report:

24 May 2016

Written Report Author:

Senior Planner

Written Report :

Public or Exempt?

 

Public

Subject:  

Law Drafting Request - Amendment of the Standing Orders of the States of Jersey

Decision(s):

The Minister requested the Law Draftsman prepare an amendment to the Standing Orders of the States of Jersey as detailed in the attached report.

Reason(s) for Decision:

To amend the name of the Planning Applications Committee to the Planning Committee pursuant to Article 48 of the States of Jersey Law 2005.

Resource Implications:-

None

Action required:

Request the Senior Planner to liaise with the Law Draftsman to progress the amendment to the Standing Orders of the States of Jersey.

Signature:

 

Deputy S Luce

Position:

Minister

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

States of Jersey Law 2005: Standing Orders: Amendment relating to name of Planning Applications Committee: Law drafting instructions

 

DEPARTMENT OF THE ENVIRONMENT

 

AMENDMENT TO THE STANDING ORDERS OF THE STATES OF JERSEY

 

Purpose of the Report

To request the Law Draftsman prepare consequential amendments to the standing orders of the States of Jersey so as to rename the ‘Planning Applications Committee’ to the ‘Planning Committee’.

 

Background

The Planning and Building (Amendment No.7) (Jersey) Law 2016 included an amendment to re-name the ‘Planning Applications Committee’ to the ‘Planning Committee’.

The Planning Applications Committee is constituted under Standing Orders by the States Assembly. Article 9A of the Law empowers the Committee to make decisions in connection with applications for planning permission and related issues such as the review of decisions made by the Chief Officer, the service of notices and the variation or revocation of an existing planning permission.  The acronym of the Committee conflicts with that of the Public Accounts Committee.  So as to remove any potential confusion and to reflect the fact that the Committee’s remit goes beyond considering applications for planning permission, the Committee is to be renamed as the Planning Committee.

Article 9A of the Law as amended sets out the functions of a Planning Applications Committee to undertake this role. Article 9a(1) indicates that the Committee will be established in accordance with standing orders under Article 48(1) of the States of Jersey Law 2005. In order to re-name the Planning Committee, consequential amendments to the standing orders is required.

 

Recommendation

The Minister is recommended to request the Law Draftsman to prepare the amendments to the Standing Orders of States of Jersey Law 2005.

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