Health and Safety at Work (Lifts) (Jersey) Regulations 1990

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 16 June 2011 regarding:

Decision Reference: MD -S - 2011 -0050
Decision Summary Title :	Health and Safety at Work (Lifts) (Jersey) Regulations, 1990.		Date of Decision Summary:	15th June 2011
Decision Summary Author:	Director of Health and Safety		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 :	Health and Safety at Work (Lifts) (Jersey) Regulations, 1990.		Date of Written Report:	15th June 2011
Written Report Author:	Director of Health and Safety		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Application for certificates of exemption for lifts installed at the Longueville Manor Hotel, St Saviour and the Hampshire Hotel, St Helier.
Decision(s): In accordance with Regulation 9 of the Health and Safety at Work (Lifts) (Jersey) Regulations, 1990, the Minister granted an exemption from the requirements of Regulation 8(d) of the Health and Safety at Work (Lifts) (Jersey) Regulations, 1990, in respect of the fitting of an overspeed governor to the existing lift installations at the Longueville Manor Hotel, Longueville Road, St Saviour and the Hampshire Hotel, 53 Val Plaisant, St Helier.
Reason(s) for Decision: The Minister is satisfied that it is not reasonably practicable for the lifts to comply with the requirements of Regulation 8(d). The exemption is granted subject to a condition that the lift installations are subjected to any supplementary examinations as may be deemed necessary by the competent person carrying out a thorough examination of the lift installations, required under Regulation 4(1).
Resource Implications: There are no implications for the financial or manpower resources of the States.
Action required: The Longueville Manor Hotel Ltd. and in respect of the Hampshire Hotel, Status Hotels Ltd., are to be advised of the granting of the exemption.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):