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Appointment of the Registrar of Appeals and Tribunals under the employment legislation

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 23 July 2010 regarding: Appointment of the Registrar of Appeals and Tribunals under the employment legislation.

Decision Reference: MD-S-2010-0040

Decision Summary Title :

DS Appoint Registrar

Date of Decision Summary:

23 July 2010

Decision Summary Author:

Policy Principal

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

WR Appoint Registrar

Date of Written Report:

23 July 2010

Written Report Author:

Policy Principal

Written Report :

Public or Exempt?

Public

Subject: Appointment of the Registrar of Appeals and Tribunals under the employment legislation

Decision(s): The Minister decided to appoint, from 3 August 2010, the ‘Registrar of Appeals and Tribunals’ to undertake the following administration duties:

§     Secretary to the Jersey Employment Tribunal under Article 85 of the Employment (Jersey) Law 2003.

§     Registrar of Trade Unions and Employers Associations under article 8 of the Employment Relations (Jersey) Law 2007.

Reason(s) for Decision: A number of appeals bodies and tribunals are established under Social Security, Income Support, Health and Safety and employment legislation. To maintain the independence of the process from the Social Security Department, the existing role that supports the registration and administration of those tribunals and appeals will be transferred to the Judicial Greffe.  From August 2010, the various functions will be performed by the ‘Registrar of Appeals and Tribunals’ who is an Officer of the Judicial Greffe.

Resource Implications: The required finances and manpower for the existing function will transfer to the Judicial Greffe.  There are no additional financial implications.

Action required: Policy Principal to notify the Judicial Greffier that the appointment has been formalised. It is not necessary to inform the States of the appointment.

Signature: 

Position:

Minister

Date Signed: 

Date of Decision (If different from Date Signed):

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