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Delegation of Ministerial authority to sign Deeds of Assignment on behalf of the States of Jersey under the Temporary Insolvency Payments Scheme.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (03/06/2009) regarding: Delegation of Ministerial authority to sign Deeds of Assignment on behalf of the States of Jersey under the Temporary Insolvency Payments Scheme.

Decision Reference: MD-S-2009-0032

Decision Summary Title :

DS - Delegated power legal assignment 2Jun09

Date of Decision Summary:

2 June 2009

Decision Summary Author:

Kate Morel, Policy Principal

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Oral

Person Giving

Oral Report:

Kate Morel, Policy Principal

Written Report

Title :

N/A

Date of Written Report:

N/A

Written Report Author:

N/A

Written Report :

Public or Exempt?

N/A

Subject: Delegation of Ministerial authority to sign Deeds of Assignment on behalf of the States of Jersey under the Temporary Insolvency Payments Scheme.

Decision(s): The Minister decided to delegate to Deputy A.E. Jeune the authority to sign Deeds of Assignment (legal agreements) on behalf of the States of Jersey during a period of his absence from the Island.

Reason(s) for Decision: An employee who qualifies under the Temporary Insolvency Scheme to a compensatory payment in lieu of their statutory period of notice on termination of employment (as set out in the Minister’s Report to the States - R.44/2009), must sign a legal document which will assign their right to the payment to the States, via the Minister for Social Security.  This means that the States will take on the employee’s claim to the notice payment and will pursue the claim as a creditor when the proceeds of any remaining assets of the company are distributed amongst the creditors.  The Minister is out of the Island from 4 to 25 June 2009. To avoid undue delay in making payments to these employees, the authority has been delegated during this period.

Resource Implications: There are no financial or manpower implications.

Action required: Deputy A.E. Jeune will sign deeds of assignment as required during the Minister’s absence.

Signature: 

Position:

Minister

Date Signed: 

Date of Decision (If different from Date Signed):

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