STATES OF JERSEY LAW 2005:
DELEGATION OF OFFICER FUNCTIONS –
HEALTH AND COMMUNITY SERVICES
CAPACITY & SELF-DETERMINATION (JERSEY) LAW 2016
REPORT
Article 28 of the States of Jersey Law 2005 permits a Minister to delegate, wholly or
partly, functions to an Assistant Minister or an officer.
The Law states, inter alia –
28 Power of Minister to delegate functions
(1) A Minister may delegate, wholly or partly, functions conferred upon or vested in the Minister by or under this Law or any other enactment or any enactment of the United Kingdom having effect in Jersey, to –
(a) one of his or her Assistant Ministers;
(b) an officer.
(1A) A Minister shall not delegate to an Assistant Minister any function the delegation of which is wholly prohibited by an enactment.
(1B) Where a Minister delegates to an Assistant Minister a power to make an enactment, paragraphs (4) and (5) of Article 26 shall apply to the making of an enactment by the Assistant Minister, in exercise of the delegated power, as they would apply to the making of the enactment by the Minister.[59]
(2) A Minister shall not delegate to an officer –
(a) any power to make an enactment;
(b) any power to decide an appeal under an enactment;
(c) any function the delegation of which is prohibited wholly, or to an officer, by an enactment.[60]
(3) The delegation of functions by a Minister under this Article shall not prevent the Minister exercising those functions personally.
(4) Where any licence, permit or authorization is granted in purported exercise of functions delegated under paragraph (1), no criminal proceedings shall lie against any person for any act done, or omitted to be done, in good faith and in accordance with the terms of the licence, permit or authorization, by reason that the functions had not been delegated, or that any requirement attached to the delegation of the functions had not been complied with.
(5) In this Article –
“Minister” includes the Chief Minister;
“officer” means a States’ employee within the meaning of the Employment of States of Jersey Employees (Jersey) Law 2005 and includes a member of the States of Jersey Police Force and an officer appointed under paragraph 1(1) of Part 1 of Schedule 2 to the Immigration Act 1971 as extended to Jersey by the Immigration (Jersey) Order 1993[62].[63]
(6) The States may by Regulations amend the definition “officer” in paragraph (5).
Health and Community Services Delegated Officer Functions to the Capacity and Self-Determination Law Administrator, as defined in Article 4 of the Mental Health (Jersey) Law 2016 or Deputy.
All decisions will be recorded and, where appropriate, included in the annual report to the Minister.
Article | Scope of Delegation |
Article 40(1)(a)– Arrangements to be made by Minister: designation of assessors | To designate registered persons to act as assessors under Part 5 and maintain a register of persons so designated. |
Article 41 - Arrangements to be made by Minister: requirement for authorization | To appoint a person to carry out assessments in accordance with Articles 43 to 46. |
Article 42 – Urgent authorizations | To receive applications made under this Article and give notice in writing of the terms and conditions (if any) in which an urgent authorization is granted. |
Article 43 - Request for assessment | To receive requests for assessment in accordance with Article 43. |
Article 44 – Manner of assessment | To designate registered medical practitioners to act for the purposes of Article 44(2)(b), and maintain a register of persons so designated, |
Article 45 – Report of assessment | To receive from the assessor reports of an assessment in accordance with Article 45(2) to (6). |
Article 46 – Effect of report | To deal with requests for fresh assessments or reviews of assessments in accordance with Article 46(1). |
Article 47 – Record of assessments etc. | To keep a record of all assessments carried out, and all authorizations granted, under this Part, together with copies of reports of all such assessments. |
Article 48 – Standard authorizations | To authorize the imposition of significant restrictions and give notice in writing of the authorization to the assessor and M in accordance with this Article. |
Article 49 - Rectification etc. of reports and recommendations | To rectify errors or defects in reports as necessary, or give notice in writing to the assessor and M if a recommendation in any report of an assessment is insufficient to warrant the imposition of a significant restriction on P’s liberty in accordance with this Article. |
Article 51 - Advocates to be appointed | To nominate an independent capacity advocate to represent P in accordance with this Article. |
Article 52 – Renewal of standard authorization | To receive requests for renewal in accordance with Article 52(3). To appoint an assessor to carry out a further assessment of P following the receipt of a request duly made under Article 52(3). And further, to renew the standard authorization if satisfied that it is appropriate in accordance with any fresh recommendation made by the assessor under Article 45(2)(e). |
Article 54 - Continuity of authorization: changes of place and in management | To receive notification where P is to be moved from the relevant place to which an authorization relates to another relevant place and direct in accordance with this Article. |
Article 55 - Review of authorizations by Tribunal | Request for a review of an authorization be made by the Tribunal where appropriate, on behalf of the Minister. To deal with any orders made by the Tribunal under Article 55(6). |
Article 56 - Monitoring of authorizations | To review, audit and direct Managers of relevant places in the application and use of authorizations; and the operation of significant restrictions on liberty authorized by them as necessary on behalf of the Minister. |