Delegation of Authority: Mental Health (Jersey) Law 2016

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 9 January 2020

Decision Reference: MD-HSS-2020-0001
Decision Summary Title:	Health and Social Services – Ministerial delegation of authority to officers under Article 16 of the Mental Health (Jersey) Law 2016 – revision		Date of Decision Summary:	6 January 2020
Decision Summary Author:	Head of Mental Health/Associate Medical Director		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Oral		People Giving Oral Report:	Head of Mental Health/Associate Medical Director, Mental Health Law Administrator & Authorised Officer
Written Report Title:	N/A		Date of Written Report:	N/A
Written Report Author:	N/A		Written Report : Public or Exempt?	N/A
Subject: Revision of delegation to the Mental Health Law Administrator (“MHLA”) (and any deputy MHLA as may be appointed and any officer authorised to act in the absence of the MHLA or deputy) of the function of approving registered medical practitioners as approved practitioners under Article 16 of the Mental Health (Jersey) Law 2016 (the “2016 Law”).
Decision(s): The Minister approved the removal of the requirement to time limit the appointment as approved practitioners for the purpose of being considered eligible for appointment as medical members to the Mental Health Review Tribunal. This Ministerial Decision revises aspects of functions previously delegated to the MHLA as set out in the MDs of 21 November 2018 (MD-HSS-2018-0058) and 4 July 2019 (MD-HSS-2019-0034).
Reason(s) for Decision: The Minister had previously considered that approval of registered medical practitioners who are general practitioners, under Article 16 of the 2016 Law as approved practitioners for the purposes of being considered to be eligible for appointment as medical members to the Mental Health Review Panel, should be time limited. The Minister’s policy objective was that off-island specialists should be recruited by the Tribunal to act as medical members. Off-island specialists have now been recruited to the Tribunal. However, on occasion, it is necessary for the Tribunal to sit to hear urgent matters. When this happens it is not practicable, or sometimes possible, to have an off-island specialist present. Therefore, the Minister considers it necessary for the Tribunal to have access to local general practitioners with the necessary experience and training in mental health matters. To help facilitate this, it is not deemed necessary for the appointment of appropriately qualified local GPs to be time limited. This change will make the provision more robust and make it easier for Tribunals to sit urgently where necessary.
Resource Implications: None
Action required: Revised delegation to come into force immediately.
Signature:		Position: Minister for Health and Social Services
Date Signed:		Date of Decision: (if different from date signed).