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Education (Grants and Allowances) (Jersey) Order 2018: Amendment: 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 4 August 2021:

Decision Reference: MD-ESC-2021-0013

Decision Summary Title :

Law-drafting instructions: Education (Grants and Allowances) (Jersey) Order 2018

Date of Decision Summary:

4th August 2021

Decision Summary Author:

 

Private Secretary

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Law-drafting instructions: Education (Grants and Allowances) (Jersey) Order 2018

Date of Written Report:

4th August 2021

Written Report Author:

Director General CYPES

Written Report :

Public or Exempt?

Public

Subject: Law-drafting instructions: Education (Grants and Allowances) (Jersey) Order 2018

Decision(s):

The Minister for Children and Education approved law-drafting instructions to amend the Education (Grants and Allowances) (Jersey) Order 2018

Reason(s) for Decision:

The Order has recently been subject to scrutiny by the Director General for Children, Education,

Young People and Skills in respect of the assessment requirements for grant applications from dependent students residing in single, separated, divorced or widowed households. 

 

The instruction is required to ensure that applications for the 2021-22 academic year are assessed and determined in a timely manner.

Resource Implications: There are no resource implications arising from this Ministerial Decision.

Action required:

The Director General of CYPES to liaise with the Principal Legislative Drafter to review and, as required, draft amendments to the Order. 

Signature:

 

 

Deputy Scott Wickenden

Position:

 

 

Minister for Children and Education

Date Signed:

Date of Decision (If different from Date Signed):

 

 

Education (Grants and Allowances) (Jersey) Order 2018: Amendment: Law drafting instructions

CYPES

Ministerial Decision Report

 

 

 

EDUCATION (GRANTS AND ALLOWANCES) (JERSEY) ORDER 2018

Law-Drafting Instructions

 

  1. Purpose

To seek the Minister for Children and Education’s approval to issue an instruction to the Principal Legislative Drafter to amend the Education (Grants and Allowances) (Jersey) Order 2018 (jerseylaw.je).

 

  1. Background

The above Order has recently been subject to scrutiny by the Director General for Children, Education, Young People and Skills in respect of the assessment requirements for grant applications from dependent students residing in single, separated, divorced or widowed households.

 

2.1. The Issue

The outcome of this assessment is that present practice should be reviewed to ensure that applications benefit from the greatest clarity, consistency and compliance with the Order.

 

Given that applications for the 2021-22 academic year grant awards have been received from the beginning of 2021, it is considered reasonable for these to be concluded in line with existing practice. The outcomes of the review will, therefore, impact on all applications for the academic year 2022-23 onwards (or until such time as a new scheme is introduced).

 

In light of the above, it is requested that the Principal Legislative Drafter be instructed to review the Order and, as required, make amendments to support the timely completion of the applications for the 2021-22 academic year in line with current practice.

 

This matter has now become in urgent need of resolution as “A” Level results are due out the week commencing 9th August 2021 and there is an expectation among applicants that grant determinations will be finalised and issued once University offers have been accepted and communicated to Student Finance.

 

  1. Recommendation

 

3.1. The Minister is recommended to approve the request to issue an instruction to the Principal Law Drafter to review and, as required, amend the Order.

 

  1. Reasons for Decision

 

4.1. The instruction is required to ensure that applications for the 2021-22 academic year are assessed and determined in a timely manner.

 

  1. Resource Implications

 

5.1. There are no resource implications arising from the decision.

 

Report author: Director General CYPES

Document date: 04 August 2021

 

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