Banking Business (Amendment No. 7) (Jersey) Law 201-

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 January 2011 regarding: Banking Business (Amendment No. 7) (Jersey) Law 201- - Lodging of Draft Law.

Decision Reference: MD-E-2011-0011
Decision Summary Title:	Amendments to the Banking Business (Jersey) Law 1991		Date of Decision Summary:	14 January 2011
Decision Summary Author:	Director, Finance Industry Development		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title:	Draft Banking Business (Amendment No. 7) (Jersey) Law 201-		Date of Written Report:	14 January 2011
Written Report Author:	Director, Finance Industry Development		Written Report : Public or Exempt?	Public
Subject: Banking Business (Amendment No. 7) (Jersey) Law 201- (the “Draft Law”)
Decision(s): The Minister agreed to lodge the Draft Law and attached report, and signed the declaration of compatibility with the European Convention on Human Rights. The Minister directed that the documents be lodged au Greffe so as to allow the Draft Law to be debated by the States at the earliest opportunity.
Reason(s) for Decision: To amend a definition that makes an out-of-date reference to another law. To introduce a power to enable the Minister to make Orders in relation to accounting and audit of persons registered under the Banking Business (Jersey) Law 1991, by substitution of existing provisions relating to auditors of such registered persons.
Resource Implications: The Draft Law will not have any effect on the financial or manpower resources of the States of Jersey
Action required: To approve the Draft Law and the attached report; to sign the statement of compatibility with the European Convention on Human Rights; and for the documents to be lodged au Greffe so as to allow the Draft Law to be debated by the States at the earliest opportunity.
Signature:		Position: Minister for Economic Development
Date Signed:		Date of Decision: