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Social Security (Determination of Claims and Questions) (Amendment No. 4) (Jersey) Order 2010

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 9 July 2010 regarding: Social Security (Determination of Claims and Questions) (Amendment No. 4) (Jersey) Order 2010.

Decision Reference: MD-S-2010-0038 

Decision Summary Title :

DS - Make Order - JG as Registrar

Date of Decision Summary:

2 July 2010

Decision Summary Author:

Policy Principal

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

WR - Make Order - JG as Registrar

Date of Written Report:

2 July 2010

Written Report Author:

Policy Principal

Written Report :

Public or Exempt?

Public

Subject: Social Security (Determination of Claims and Questions) (Amendment No. 4) (Jersey) Order 2010.

Decision(s): The Minister made the Social Security (Determination of Claims and Questions) (Amendment No. 4) (Jersey) Order 2010.

Reason(s) for Decision: To maintain the required independence of the process of appeals from the Social Security Department, the existing role that supports the registration and administration of independent tribunals and appeals will be transferred to the Judicial Greffe. The Order, as previously drafted, required the Minister to appoint a Registrar of Appeals who is an officer of a States administration for which the Minister has responsibility.  The Order enables the Judicial Greffier to discharge the administrative functions of the Registrar of Appeals to the Social Security Tribunal.

Resource Implications: The required finances and manpower for the existing function will transfer to the Judicial Greffe.  There are no additional financial implications.

Action required: Policy Principal to notify the Greffier of the States and the Law Draftsman that the Order has been made so that it may be notified to the States, and forward the signed and sealed Order to the States Greffe for archiving.

Signature: 

Position:

Minister

Date Signed: 

Date of Decision (If different from Date Signed):

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