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Control of Housing and Work (Jersey) Law 2012 and associated Regulations: Marriage and Relationship Breakdown Policy

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 23 February 2015:

Decision Reference: MD-C-2015-0018

Decision Summary Title :

Marriage and Relationship Breakdown Policy – Control of Housing and Work (Jersey) Law 2012 and associated Regulations

Date of Decision Summary:

11 February 2015

Decision Summary Author:

 

Senior Manager, Housing Control

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Oral

Person Giving

Oral Report:

Senior Manager, Housing Control

Written Report

Title :

 

Date of Written Report:

 

Written Report Author:

 

Written Report :

Public or Exempt?

 

Public (Policy Document)

Subject: Marriage and Relationship Breakdown Policy – Control of Housing and Work (Jersey) Law 2012 and associated Regulations.

 

Decision(s): The Assistant Chief Minister approved the revised wording of the Marriage and Relationship Breakdown Policy and authorised its publication.

 

Reason(s) for Decision: The Assistant Chief Minister noted that the Policy had not been reviewed for some time, and although the fundamental criteria remained the same, limited changes had been identified to accurately reflect current legal terminology. Furthermore, the Assistant Chief Minister accepted the inclusion of additional Policy wording, specifically addressing the fact that notwithstanding whether or not an applicant satisfies the criteria, flexibility must be maintained. In this regard, the Policy had been reworded so as to create a presumption in favour of granting Entitled status, but did not make it mandatory where the criteria had been satisfied, or indeed an automatic refusal where the criteria had not been satisfied. Each case would continue to be considered on its own individual merits.

 

Resource Implications: None

 

Action required: Senior Manager, Housing Control to arrange for updated policy to be published on the relevant pages of the website (www.gov.je).

 

Signature:

 

Senator Paul Routier MBE

Position:

 

Assistant Chief Minister

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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