Planning and Building (Jersey) Law 2002: Proposed Amendment

Information about the publication of Ministerial Decisions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 18 January 2010 to endorse a proposed amendment to the Planning and Building (Jersey) Law 2002

Decision Ref:	MD–PE–2010-0002
Subject:	Planning and Building (Jersey) Law 2002, as amended: proposed amendment (no.6) - law drafting instructions
Decision Summary Title:	DS - p&b(j)l amend 6 - ld instructions
DS Author:	Assistant Director
DS Date:	14 January 2010	DS Status:	Public
Written Report Title:	WR – p&b(j)l amend 6 - ld instructions
WR Author:	Director and Assistant Director of Planning
WR Date	14 January 2010	WR Status:	Public
Oral Rapporteur:	Assistant Director of Planning
Decision(s):	The Minister for Planning and Environment: noted and endorsed the proposed amendment of the Planning and Building (Jersey) Law, 2002, and the justifications for so doing; request the Law Draftsman to prepare an amendment of the Planning and Building (Jersey) Law, 2002 to effect the desired changes, in addition to those already under consideration, on the basis of a drafting brief to be provided by the Department.
Reason(s) for Decision:	The proposed amendment seeks to address current deficiencies and desirable change in the primary Law.
Legal and Resource Implications:	Legal implications relate to an amendment of primary Law. This proposed amendment is not contained within any programme of Law drafting but existing amendments are already in train.
Action required:	The Director/ Assistant Director of Planning to liaise with the Law Draftsman to secure law drafting time to incorporate these proposed amendments into the ongoing amendment of the Planning and Building (Jersey) Law, 2002.
Signature:		Date of SMT approval:
Position:	Minister for Planning and Environment
Date Signed:		Date of Decision (If different to Date Signed):