Temporary delegation of Minister's powers to Assistant Minister

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A decision made 13 November 2009 regarding: Temporary delegation of Minister's powers to Assistant Minister.

Decision Reference: MD-TR-2009-0184
Decision Summary Title:	Delegation of power to the Assistant Minister		Date of Decision Summary:	12 November 2009
Decision Summary Author:	Business Manager		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	written		Person Giving Oral Report:
Written Report Title:	Delegation of power to the Assistant Minister - Report		Date of Written Report:	12 November 2009
Written Report Author:	Business Manager		Written Report : Public or Exempt?	Public
Subject: Delegation of powers from the Minister to the Assistant Minister, Deputy Edward Noel.
Decision(s): The Minister delegated the full extent of his statutory powers to the Assistant Minister Deputy Edward Noel, in accordance with Article 28 of the States of Jersey Law 2005 for the period 14 November 2009 to 22 November 2009 inclusive, save that the Assistant Minister would not have powers to make enactments, to decide appeals under an enactment, nor to perform any function that is prohibited by an enactment.
Reason(s) for Decision: To give authority to the Assistant Minister for statutory functions vested in the Minister.
Resource Implications: None
Action required: The Greffier to present the delegations to the States.
Signature:		Position: Senator P F C Ozouf, Minister for Treasury and Resources
Date Signed:		Date of Decision (If different from Date Signed):

Temporary delegation of Minister's powers to Assistant Minister

Report for Minister

Introduction

Article 28 of the States of Jersey Law 2005 permits a Minister to delegate, wholly or partly, functions to an Assistant Minister.

The Law states that:

(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.

(2) A Minister shall not delegate –

(a) any power to make an enactment;

(b) any power to decide an appeal under an enactment;

(3) The delegation of functions by a Minister under this Article shall not prevent the Minister exercising those functions personally.

Recommendation:

It is recommended that, for the period 16 November to 22 November 2009 inclusive and in accordance with Article 28 of the States of Jersey Law 2005, the Minister for Treasury and Resources, Senator Philip Ozouf, delegates his powers and functions, including all other areas where the Minister would otherwise have to act and be advised, to his Assistant Minister, Deputy Edward Noel.