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Draft Public Health and Safety (Rented Dwellings) (Licensing) (Jersey) Regulations 201-(P.106/2019): Fourth Amendment

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 27 July 2020

Decision Reference:  MD-PE-2020-0063

Decision Summary Title:

Lodging of Fourth Amendment to P.106/2019

Date of Decision Summary:

01 July 2020

Decision Summary Author:

Assistant Private Secretary

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title:

MD-PE-2020-0063 Report

Date of Written Report:

01 July 2020

Written Report Author:

Assistant Private Secretary

Written Report:

Public or Exempt?

Public

Subject:

Lodging of amendment to P.106/2019.

Decision(s):

Following the reference back of P.106/2019 during the 25 February 2020 debate in the States Assembly and the decision to delay the debate during the COVID-19 pandemic, the Minister decided to lodge a new amendment to P.106/2019 in order to reflect new commencement dates for Regulations 3, 6 and 7 and to withdraw P.106/2019 (Amd)(3).

Reason(s) for Decision:

The dates detailed in the P.106/2019 (Amd)(3) were made invalid following the reference back and the decision to delay the debate during the COVID-19 pandemic. Therefore, the Minister requested a new amendment be drafted and lodged.

Resource Implications:

There are no manpower implications arising from this decision.

 

There are financial implications arising from this decision. With the current estimated income based on the new fee structure, the service will not fully cost recover in the first five years of the scheme. However, it should be noted that as more data becomes available and as financial forecasts become clearer, this will need to be reviewed.

Action required:

Officers to request the Greffier of the States to arrange for the new amendment to be lodged for debate and that the third amendment be withdrawn.

Signature:

 

 

 

Deputy John Young

Position:

 

 

 

Minister for the Environment

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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