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Health and Safety at Work (Lifts) Regulations 1990: Application for an Exemption

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 2 December 2021

Decision Reference:  MD-S-2021-0083

Decision Summary Title :

Application for an exemption under the Health and Safety at Work (Lifts) Regulations, 1990

Date of Decision Summary:

 29 November 2021

Decision Summary Author:

Director of Health and Safety

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 :

Report on the application for an exemption under the Health and Safety at Work (Lifts) Regulations, 1990

Date of Written Report:

 25 November 2021

Written Report Author:

Director of Health and Safety

Written Report:

Public or Exempt? (State clauses from Code of Practice booklet)

Public 

Subject: 

Application for exemption under the Health and Safety at Work (Lifts) Regulations, 1990

Decision(s): 
In accordance with Article 9 of the Health and Safety at Work (Lifts) Regulations, 1990, the Minister agreed to grant an exemption from Regulations 8(c) and 8(d) in respect of the lift installation, serial number 4139, installed at Bigwood Premier Printers Limited, 4 La Rue Martel, Rue des Pres Trading Estate, St Saviour.

Reason(s) for Decision: 
The Minister is satisfied that the granting of the exemption from the Regulations will not result in persons at work being placed at increased risk

Resource Implications: 
There are no implications for the financial or manpower resources of the Government of Jersey

Action required: 
The Minister to sign the Certificate of Exemption in respect of the lift installation. The Director of Health and Safety to advise Bigwood Premier Printers Limited of the granting of the exemption.

Signature: 

 

 

Position:

                 Minister for Social Security

Date Signed:

 

Date of Decision (If different from Date Signed): 

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