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States of Jersey (Transfer of Functions No. 9) (Health and Social Services to Environment) (Jersey) Regulations 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 12 May 2017:

Ministerial decision reference    MD-C-2017-0059 

Decision summary title   States of Jersey (Transfer of Functions No. 9) (Health and Social Services to Environment) (Jersey) Regulations 201-

Decision summary author

Director, Corporate Policy, Chief Minister’s Department

Is the decision summary public or exempt?  

Public

Report title  States of Jersey (Transfer of Functions No. 9) (Health and Social Services to Environment) (Jersey) Regulations 201-

Report author or name of

person giving report

Director, Corporate Policy, Chief Minister’s Department

Is the report public or exempt?

Public

Decision and reason for the decision

The Chief Minister approved MD-C-2016-0122 on the 2nd December, 2016, requesting that the Law Draftsman draft Regulations under Article 29 of the States of Jersey Law 2005 to transfer of legislative functions (the Food Safety (Jersey) Law 1996 and the Statutory Nuisance Law (Jersey) 1999) from the Minister for Health and Social Services to the Minister for the Environment. This was done further to the transfer of the budget from the Department for Health and Social Services to the Department for the Environment by Ministerial Decision dated 18th April, 2016 (MD-PE-2016-0053). As explained in that decision, this was done recognising the natural synergies between the work of the Department for the Environment and the environmental health team, including close working between the environmental health and pollution control teams, and the States Veterinary team around food safety, and the ability to bring efficiencies through shared working, including regulatory and enforcement visits, development of shared IT systems, and shared knowledge and experience between the teams. Accordingly, the Chief Minister approved the draft States of Jersey (Transfer of Functions No. 9) (Health and Social Services to Environment) (Jersey) Regulations 200-.

Resource implications

The budget for the transferred functions was transferred from the Department for Health and Social Services to the Department for the Environment by Ministerial Decision dated 18th April, 2016 (MD-PE-2016-0053). There are no further resource implications arising from the States of Jersey (Transfer of Functions No. 9) (Health and Social Services to Environment) (Jersey) Regulations 200-.

Action required

That the Greffier of the States be requested to arrange for the draft States of Jersey (Transfer of Functions No. 9) (Health and Social Services to Environment) (Jersey) Regulations 200- be lodged au Greffe for debate by the States Assembly at the earliest opportunity.

Signature

 

 

 

 

Position

 

Senator I J Gorst

Chief Minister

 

Date signed

 

 

Effective date of the decision

 

 

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