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Fire Precautions Legislation: Proposed Changes

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 7 December 2011:

Decision Reference: MD-HA-2011-0092

Decision Summary Title :

Proposed Changes to Fire Precautions Legislation

Date of Decision Summary:

11 November 2011

 

Decision Summary Author:

 

Executive Officer

Home Affairs

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Fire Safety Law Report 2011

Date of Written Report:

19 September 2011

 

Written Report Author:

Director of Safer Communities

Fire and Rescue Service

Written Report :

Public or Exempt?

 

Exempt

3.2.1.(a)(xiv)

Subject: Proposed changes to Fire Safety Legislation. 

Decision(s): The Minister approved the recommendations included in the Report to accompany this decision; directed that prior consultation should take place with those who would be most affected by the proposed changes; approved the request to the Law Draftsman to give effect to the proposed changes to legislation; and agreed, in principle and subject to the approval of the Treasurer of the States, that a fee should be introduced for triennial re-certification under the Fire Precautions (Jersey) Law 1977; and that there should be a revised charging framework for the licensing of Petroleum storage facilities under the Petroleum (Jersey) Law 1984.  

Reason(s) for Decision: Current fire safety legislation requires updating, notably to include the definition of House in Multiple Occupation in the Fire Precautions (Designated Premises) (Jersey) Regulations 1979 in order to better define those premises deemed most at risk.  The proposed amendment to the Petroleum Licensing fee structure will better reflect the work carried out by the Fire and Rescue Service in administering the Petroleum (Jersey) Law 1984.

Resource Implications: There are no additional manpower implications arising from this decision and no financial implications other than those set out in the attached Report.

Action required: The Deputy Chief Fire Officer to arrange for those who would be most affected by the proposed changes to be consulted and for wider publicity to take place through the media, and to oversee the preparation of law drafting instructions for the legislative changes required along with a formal approach to the Director of Health and Safety.  The Finance Director, Home Affairs, to seek the approval of the Treasurer of the States in relation to the proposed introduction of a new charge, in accordance with Financial Direction 4.1 ‘Increases to States Fees and Charges.

Signature:

 

 

Position:

 

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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