Government of Jersey

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (22/07/2008) regarding: General Statement of Policy - 'J' Category Consents.

Decision Reference: MD-H-2008-0071
Decision Summary Title :	General Statement of Policy (2008) in relation to : Regulation of Undertakings and Developments (Jersey) Law (‘RUDL’) and Housing Law in relation to “j” category consents (“js”) and ; Practise Notes issued under the General Statement of Policy in relation to : Housing Law in relation to “j” category consents (“js”).		Date of Decision Summary:	30 June 2008
Decision Summary Author:	Paul Bradbury, Director, Population Office		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Paul Bradbury, Director, Population Office		Date of Written Report:	30 June 2008
Written Report Author:	General Statement of Policy (2008) in relation to : Regulation of Undertakings and Developments (Jersey) Law (‘RUDL’) and Housing Law in relation to “j” category consents (“js”) and ; Practise Notes issued under the General Statement of Policy in relation to : Housing Law in relation to “j” category consents (“js”).		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: General Statement of Policy (2008) in relation to : Regulation of Undertakings and Developments (Jersey) Law (‘RUDL’) and Housing Law in relation to “j” category consents (“js”) and ; Practise Notes issued under the General Statement of Policy in relation to : Housing Law in relation to “j” category consents (“js”).
Decision(s): The Minister approved the General Statement of Policy (2008) in relation to : Housing Law in relation to “j” category consents (“js”) and ; Practise Notes issued under the General Statement of Policy in relation to : Housing Law in relation to “j” category consents (“js”).
Reason(s) for Decision: To approve the General Statement of Policy (2008) in relation to : Housing Law in relation to “j” category consents (“js”) and ; Practise Notes issued under the General Statement of Policy in relation to : Housing Law in relation to “j” category consents (“js”).
Resource Implications: None.
Action required: Officers to Publish the General Statement of Policy (2008) in relation to : Regulation of Undertakings and Developments (Jersey) Law (‘RUDL’) and Housing Law in relation to “j” category consents (“js”) and ; Practise Notes issued under the General Statement of Policy in relation to : Housing Law in relation to “j” category consents (“js”).
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

General Statement of Policy - 'J' Category Consents.

Practise Notes

issued under the General Statement of Policy in relation to :

Housing Law in relation to “j” category consents (“js”)

Practise Note: Delegated Decisions – Housing Law in relation to ‘in principle’ “j” category decisions

This guidance sets out the criteria that enable the Population Office to determine an ‘in principal’ application for “j” consent under the Housing Law (Jersey) 1949 without recourse to the Minister for Housing.

The delegated functions as approved by the Minister for Housing provide the Officers with full authority to grant a consent either unconditionally or subject to such conditions as considered appropriate or, refuse to a consent. However, the below applications for in-principal approval of a “j” applications, as a matter of practise, will be referred to the Minister for Housing.

The application is an appeal in accordance with the published “decision making and appeal statement”;
Applications that may be of concern in relation to the Island’s financial and commercial integrity and reputation;
The application has limited precedent.

Each application and case is different, so some judgement will be applied when having reference to the above criteria, nor can they be considered an exhaustive list of those instances where referral to the Minister takes place.

A full list of all decisions taken under delegated powers and not referred to Ministers under the above guidelines will be presented to Ministers for information on a monthly basis.

June 2008