Draft Control of Housing and Work (Jersey) Law 201- (P.37/2011): 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 21 June 2011 regarding:

Decision Reference: MD-C-2011-0072
Decision Summary Title :	Draft Control of Housing and Work (Jersey) Law 201-: Amendment		Date of Decision Summary:	17th June 2011
Decision Summary Author:	Director, Population Office		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 :	Draft Control of Housing and Work (Jersey) Law 201-: Amendment		Date of Written Report:	17th June 2011
Written Report Author:	Paul Bradbury Director, Population Office		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Amendment to the Draft Control of Housing and Work (Jersey) Law 201-.
Decision(s): The Assistant Chief Minister, acting on behalf of the Chief Minister, agreed an amendment to the draft Control of Housing and Work (Jersey) Law 201- and asked that it be lodged ‘au Greffe’ on 21st June for debate on 5th July 2011.
Reason(s) for Decision: The amendment provides an additional safeguard to prevent an undertaking having to cease its operations pending the result of an application for a “significant change of ownership” permission under Article 25(3) of the Law, so long as the application was submitted within the filing time limit for applications, and it was not withdrawn or treated as withdrawn during that period. Furthermore, the amendment creates the ability to amend or repeal the beneficial ownership provisions by Order and Regulation, to enable, in particular, some change of ownership transactions to be excluded, for example, a change in the trustee of a trust which owns an undertaking in the Island.
Resource Implications: There are no resource implications.
Action required: To request the Greffier of the States to lodge the Report and Amendment to the Law on 21st June 2011.
Signature:		Position: Senator Paul Routier Assistant Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):