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Statutory Powers: Delegation: June 2013

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 7 June 2013:

Decision Reference:    MD-PE-2013-0057

Decision Summary Title:

Delegation of Statutory Powers – June 2013

Date of Decision Summary:

6 June 2013

Decision Summary Author:

States Veterinary Assistant

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title:

Scheme of Delegation for the Minister of Planning and Environment June 2013

Date of Written Report:

6 June 2013

Written Report Author:

States Veterinary Assistant

Written Report :

Public or Exempt?

Public

Subject:  Delegation of Statutory Powers

Decision(s):

By virtue of the power conferred on him by Article 28(1) of the States of Jersey Law 2005 the Minister has delegated the functions conferred upon or vested in him under the relevant legislation as indicated in the Scheme of Delegation for the Minister of Planning and Environment June 2013.

 

The Minister for Planning and Environment extended delegated powers under the following legislation:

  1.   Diseases of Animals (Bees) (Jersey) Order 2013

 

Reason(s) for Decision:

To ensure that decisions are made at the appropriate level in the Ministry and Department to ensure the efficient administration of the Minister’s duties and responsibilities.

Resource Implications: None

Action required:

The Greffier of the States be requested to re-present the agreement on delegation of functions to the States at the earliest opportunity

Signature:

 

Deputy R C Duhamel

Position:

Minister

 

Date Signed:

 

Date of Decision (If different from Date Signed):

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