Skip to main content Skip to accessibility
This website is not compatible with your web browser. You should install a newer browser. If you live in Jersey and need help upgrading call the States of Jersey web team on 440099.
Government of Jerseygov.je

Information and public services for the Island of Jersey

L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

  • Choose the service you want to log in to:

  • gov.je

    Update your notification preferences

  • one.gov.je

    Access government services

  • CAESAR

    Clear goods through customs or claim relief

  • Talentlink

    View or update your States of Jersey job application

Cremation (Jersey) Regulations 1961: Amendment: Cremation Medical Certification Duties - Increase in Fees Charged by Doctors: Law drafting instructions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 25 April 2016:

Decision Reference:       MD-HSS-2016-0028

Decision Summary Title :

Agreement to increase the fees charged by doctors for performing duties required under the Cremation (Jersey) Regulations 1961

Date of Decision Summary:

18 April 2016

Decision Summary Author:

 

Head of Healthcare Programmes

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 :

Agreement to increase the fees charged by doctors for performing duties required under the Cremation (Jersey) Regulations 1961

Date of Written Report:

February 2016

Written Report Author:

Head of Healthcare Programmes

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:   Increase to fees charged by doctors for cremation medical certification duties.

Decision(s):  The HSSD Minister has decided:

 

1)      to request the Law Draftsman to draft the Orders necessary to enable the cremation medical certification fee to increase to £82 with effect from 1st May 2016.

 

Reason(s) for Decision:

In the United Kingdon, the British Medical Association (BMA) recommends a fee of £82 be paid to a doctor for the duties and responsibilities he/she performs for cremation certification.  (http://www.bma.org.uk/support-at-work/pay-fees-allowances/fees/fee-finder/fee-finder-cremation Accessed 22 Jan 2016).

 

The set of duties required of doctors in Jersey are the same as those required of UK doctors and include, for example, attending the deceased after death and identifying the cause of death. The doctor also takes legal responsibility for ensuring that all right and proper steps and correct procedures have been carried out. In Jersey, the doctor must ensure that all the requirements of the Cremation (Jersey) Regulations, 1961 have been complied with.

 

An average of 526 cremations take place each year in Jersey and in many instances, the doctors who perform this work are general practitioners (GPs), of whom there are around 100 in the island.

 

General Practitioners in Jersey have highlighted that the current £56.24 cremation medical certificate fee paid to doctors in the island has not kept pace with the BMA recommended amount. The Treasurer of the Primary Care Body (PCB), representing Jersey GPs, has requested that the cremation certification fee in Jersey be brought into line with that paid to UK GPs for equivalent work.

 

Whilst it is the funeral director who collects the cremation certification fee from the family/executor of the deceased and passes this onto the doctors who performed the work, the Cremation (Jersey) Law 1953 Article 4 states that it is the Minister for Health and Social Services who may make orders prescribing the maximum fee in respect of the completion of cremation medical certificates.

 

Having considered the PCBs request, the Minister for Health and Social Services considers it to be a fair and equitable request to bring the medical cremation certificate fee in Jersey into line with that recommended by the British Medical Association in the UK for equivalent work.

 

Resource Implications: There are no known resource implications for the States of Jersey.

  •  

Action required: Officers to forward the necessary information to the Law Draftsman to support preparation of the necessary Order.

 

Signature:

 

 

Position:

Minister for Health and Social Services

 

Date Signed:

Date of Decision (If different from Date Signed):

 

Read report
Our sites
Back to top
rating button