Skip to main content Skip to accessibility
This website is not compatible with your web browser. You should install a newer browser. If you live in Jersey and need help upgrading call the States of Jersey web team on 440099.
Government of Jerseygov.je

Information and public services for the Island of Jersey

L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

  • Choose the service you want to log in to:

  • gov.je

    Update your notification preferences

  • one.gov.je

    Access government services

  • CAESAR

    Clear goods through customs or claim relief

  • Talentlink

    View or update your States of Jersey job application

Regulation of Care (Jersey) Law 201-

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 20 May 2014:

Decision Reference:        MD-HSS-2014-0016

Decision Summary Title :

Draft Regulation of Care (Jersey) Law 201-

 

 

Date of Decision Summary:

19 May 2014

Decision Summary Author:

 

Head of Professional and Care Regulation

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

 

Written

Person Giving

Oral Report:

-

Written Report

Title :

Draft Regulation of Care (Jersey) Law 201-

 

 

Date of Written Report:

14 May 2014

Written Report Author:

 

Head of Professional and Care Regulation

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

 

Public

Subject:  Approval of Draft Regulation of Care (Jersey) Law 201- for lodging.

Decision(s): The Minister for Health and Social Services approved the Draft Regulation of Care (Jersey) Law 201- for lodging and directed that the document be lodged ‘au Greffe’ so as to allow the Law to be debated by the States.

Reason(s) for Decision:     

 

The purpose of the draft Regulation of Care Law is to replace the existing legislative framework for the regulation of health and social care in Jersey with a single enabling Law, supported by specific regulations and standards of care.

 

New legislation is essential as the existing Laws are inadequate, fragmented and out of date. There are currently significant gaps in regulation that allows high risk services to operate without any monitoring of the safety, standards and quality of care provided to vulnerable people. 

 

The passage of the draft Law would be the first step in the development of a new regulatory framework for health and social care.  The draft Law contains powers for the States to enact Regulations which will be required to be in force before any new regulation of services takes effect. 

 

The draft Law:

  • Transfers responsibility for regulating health and social care  from the Minister for Health and Social Services to an independent Commission
  • Sets out how the Commission will be appointed
  • Requires providers of care services to be registered by the Commission, describes the registration process and enables the Commission to apply appropriate conditions to registration to maintain standards
  • Enables Regulations and standards to be written about the quality of care services
  • Describes the Commissions powers to inspect services
  • Explains the enforcement procedures and appeals process

The Attorney General has confirmed that the Draft Law is compliant with the European Convention on Human Rights.

 

 

Resource Implications: To implement the draft Law and the first set of Regulations will require the appointment independent Commissioners on a part time basis and an additional 2.9 WTE staff.  Additional costs associated with implementation will be met by bringing the registration fees into line with equivalent regulation in the UK.

 

Action required:    Forward the signed Ministerial Decision to the Greffe;

  • Forward the draft Regulation of Care (Jersey) Law 201- and report to the Greffe to be lodged; and
  • request the Greffier of the States to arrange for the projet to be lodged 'au Greffe’

 

Signature:

 

Position:

Minister for Health and Social Services

Date Signed:

Date of Decision (If different from Date Signed):

 

Read report
Our sites
Back to top
rating button