Explosives (Jersey) Law 1970, as amended: Code of Requirements: Amendment

Information about the publication of Ministerial Decisions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 6 June 2012:

Decision Reference: MD-HA-2012-0050
Decision Summary Title :	Amendment to Code of Requirements		Date of Decision Summary:	29 May 2012
Decision Summary Author:	Executive Officer Home Affairs		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Code of Requirements relating to the Explosives (Jersey) Law 1970, as amended		Date of Written Report:	29 May 2012
Written Report Author:	Executive Officer Home Affairs		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Amendments to the Code of Requirements relating to the Explosives (Jersey) Law 1970.
Decision(s): The Minister endorsed the use of net explosive weight for the purpose of fireworks throughout the Code of Requirements; agreed that where an explosive magazine is only storing fireworks, and for a relatively short time period, there is no requirement for the magazine to have a lightning conductor; and approved a revised version of the Code of Requirements reflecting these changes.
Reason(s) for Decision: Whilst it is appropriate to reflect the weight of high explosives as a gross weight, the net explosive content of fireworks is only a fraction of the total weight of each firework, so it is appropriate to use net explosive content weight for fireworks. This brings Jersey into line with the way in which the weight of explosives is expressed in the UK. The exemption in relation to the requirement for a lightning conductor on a store, only holding fireworks for a short period of time, also reflects UK guidance and practice.
Resource Implications: Nil.
Action required: The Executive Officer, Home Affairs, to provide a copy of the revised Code of Requirements to interested parties and to arrange for it to be uploaded onto the gov.je website.
Signature:		Position: Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed):