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Delegation of statutory powers - amendment

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.

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  • 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

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[THIS DECISION HAS BEEN AMENDED BY MD-PE-2010-0012] A decision made 7 December 2009 regarding: Delegation of statutory powers - amendment.

Decision Ref:

MD–PE–2009-0191

Subject:

Delegation of Statutory Powers: amendment

Decision Summary Title:

DS - Delegation of Statutory Powers: amendment

DS Author:

Kevin Pilley – Assistant Director

DS Date:

02 December 2009

DS Status:

Public

Written Report Title:

WR – Delegation of Statutory Powers: amendment

WR Author:

n/a

WR Date

n/a

WR Status:

n/a

Oral Rapporteur:

Kevin Pilley – Assistant Director

Decision(s):

The Minister for Planning and Environment decided that the Delegation of Statutory Powers be extended so that officers be given extended delegated powers;

  1. in relation to the designation of specified sites and areas of land as Buildings of Local Interest, Archaeological Sites and Areas of Archaeological Potential in pursuit of the functions exercised in Article 6(1)(c) and (d) and Article 8(6)(a) and (c) of the Planning and Building (Jersey) Law 2002.

The Minister for Planning and Environment decided that Delegation of Statutory Powers would not be extended to officers;

  1. under Article 58 and 59 of the Planning and Building (Jersey) Law 2002 in relation to the addition and removal of trees from the List of Protected Trees;

but that Listed Trees matters would be brought to the Minister’s regular meetings for him to determine them.

Reason(s) for Decision:

To provide consistency with an earlier decision of the Minister to delegate powers relating to the Listing of Sites of Special Interest to officers, where appropriate, to enable the more efficient and effective discharging of the Minister’s responsibilities so far as it relates to Buildings of Local Interest, Archaeological Sites and Areas of Archaeological Potential.

Legal and Resource Implications:

The Minister is empowered to delegate powers to officers under Article 28 of the States of Jersey Law 2005.

Action required:

  1. Update the Delegation Agreement;
  2. Forward the revised Delegation Agreement to the Greffier of the States for presentation to the States.

Signature:

 

Position:

Minister for Planning and Environment

Date Signed:

 

Date of Decision (If different to Date Signed):

 

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