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Heating Oil Market: Request Jersey Competition Regulatory Authority to Investigate

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 19 April 2011:

Decision Reference:    MD-E-2011-0057 

Decision Summary Title :

Request to the JCRA under Article 6(4) of the Competition Regulatory Authority (Jersey) Law 2001 to produce a report examining the Heating Oil Market in Jersey

Date of Decision Summary:

15th April 2011

Decision Summary Author:

 

Strategy Manager, Policy and Regulation

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title :

Article 6 (4) request for JCRA report examining the Heating Oil Market in Jersey.

Date of Written Report:

15th April 2011

Written Report Author:

Strategy Manager, Policy and Regulation

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:

Heating Oil Market in Jersey - Article 6 (4) request for the JCRA to examine and report.

 

Decision(s):

The Minister requested the JCRA to produce a report examining the Heating Oil Market in Jersey under the authority of Article 6(4) of the Competition Regulatory Authority (Jersey) Law 2001.

 

Reason(s) for Decision:

The JCRA is currently conducting a market study into the sale and supply of heating oil in Jersey.

 

The Minister understands that whereas most parties have provided the JCRA with information on a voluntary basis, some parties have not been willing to do so.

 

Accordingly, the Minister has decided that in order to ensure that the JCRA can effectively undertake a market study, a request should be made to the JCRA under Article 6 (4) of the of the Competition Regulatory Authority (Jersey) Law 2001, as such a request will equip the JCRA with additional powers under the provisions of Article 26(2) of the Competition (Jersey) Law 2005.

 

Resource Implications:

The JCRA will meet the cost of the review from its own resources. In the event that specific consultancy assistance is required, the JCRA will either manage this cost within their competition law grant or seek support from the Department which will be assessed and managed in accordance with Financial Direction 5.1 in the usual manner.

Action required:

The attached request to be sent to the JCRA for its consideration.

 

Signature:  Senator A.J.H.Maclean

 

 

Position:  Minister

 

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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