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States of Jersey Law 2005 Delegation of Functions: Minister for Economic Development, Tourism, Sport and Culture: Shipping Delegations

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 22 October 2020

Decision Reference: MD-E-2020-0050

Decision Summary Title :

Shipping Delegation of Functions

Date of Decision Summary:

23/09/2020

Decision Summary author

Registrar of Aircraft and Shipping

Decision Summary:

Public or exempt?

Public

Type of report:

Oral or Written?

Written

Person giving

Oral Report:

n/a

Written Report

title :

Shipping Delegation of Functions

Date of Written Report:

24/07/2020

Written Report author

Registrar of Aircraft and Shipping

Written Report:

Public or exempt?

Public

Subject:

Harbours and Shipping Legislation: Delegation of Functions

Decision:

The Minister, acting in accordance with Article 28 of the States of Jersey Law 2005 and with reference to his previous Ministerial Decision MD-E-2015-0109:

a)      approved a revised series of delegated functions with respect to –

  1. the Air and Sea Ports (Incorporation) (Jersey) Law 2015
  2. the Harbours (Administration) (Jersey) law 1961
  3. the Harbours (Jersey) Regulations 1962
  4. the Shipping (Jersey) Law 2002 and subordinate legislation;

b)      Maintained his entrustment to Ports of Jersey Limited, in its capacity as Harbour Authority of responsibility for designating inshore sea areas for the purpose of sport and recreational activities as previously set out in R.136/2015 and,

c)       resolved to present to the States as soon as practicable a summarised version of this report listing both the revised delegations of functions and the reaffirmed terms of entrustment.

Reasons for Decision:

Several postholders with specific delegated functions had moved roles, and vacated posts were in the process of being revised in accordance with a new target operating model. As part of that ongoing work, a new post of Registrar of Aircraft and Shipping had been created with the specific intention of managing certain policy and regulatory functions relating to shipping, other maritime matters and aircraft. The revised series of delegated functions were deemed to be appropriate as an interim step pending finalisation of the new Department for the Economy.

Resource Implications: There are no financial or manpower resource implications.

Action required: Private Secretary to notify the Registrar of Aircraft and Shipping of the Minister’s decision and request that the Greffier of the States take the necessary steps to ensure that the approved table of delegations and entrustment is presented to the States as soon as practicable, in accordance with Article 30 of the States of Jersey Law 2005.

Signature:

 

 

 

 

 

Senator Lyndon Farnham

Position:

 

Minister for Economic Development, Tourism, Sport and Culture

Date signed:

Date of Decision (If different from Date Signed)

 

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