States of Jersey (Implementation) (Jersey) Regulations 200-

Information about the publication of Ministerial Decisions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (08.10.07) to agree to the lodging of the draft States of Jersey (Implementation) (Jersey) Regulations 200-

Decision Reference: MD-C-2007-0055
Decision Summary Title:	States of Jersey (Implementation) (Jersey) Regulations 200-		Date of Decision Summary:	8th October 2007
Decision Summary Author:	Policy and Research Manager		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title:	States of Jersey (Implementation) (Jersey) Regulations 200-		Date of Written Report:	8th October 2007
Written Report Author:	Law Draftsman		Written Report : Public or Exempt?	Public
Subject: States of Jersey (Implementation) (Jersey) Regulations 200-
Decision(s): The Chief Minister agreed that the attached States of Jersey (Implementation) (Jersey) Regulations 200-, should be lodged au Greffe on Tuesday 9th October 2007.
Reason(s) for Decision: The States of Jersey (Implementation) (Jersey) Regulations 200-, attached, are a minor piece of legislation changing references to the Employment and Social Security Committee in the Employment Relations Law to references to the Social Security Minister. For the reasons outlined in the accompanying report, these changes could not be made at the same time as all of the other 'machinery of government' changes. The Minister for Social Security is now expected to approve the lodging of an Appointed Day Act bringing the Employment Relations Law into force on 21st January 2008. So, the time has come for these Regulations to be lodged also. Because they are made under the States of Jersey Law, they would, by convention, fall to the Chief Minister to lodge, rather than the Minister for Social Security.
Resource Implications: There are no financial or manpower implications.
Action required: For officers to send to the Greffe for lodging the attached draft Regulations on Tuesday 9th October 2007.
Signature:		Position: Frank Walker, Chief Minister
Date Signed: 8th October 2007		Date of Decision: 8th October 2007

States of Jersey (Implementation) (Jersey) Regulations 200-

Report

The States of Jersey Law 2005 was, for the main part, brought into force on 9th December 2005 and on that day the Committees of the States were abolished and the ministerial system established. Members will recall that, during the preceding months, Regulations transferring functions from Committees to Ministers and 12 sets of supplemental Regulations making amendments to enactments consequential on that transfer were enacted and also came into force on 9th December 2005.

The Employment Relations (Jersey) Law 200- (lodged on 1st February 2005 as P.19/2005) was adopted by the States on 17th May 2005. However it is only in this year that it has been registered in the Royal Court, on 5th January 2007.

A Law only becomes an enactment at the time when it is registered in the Royal Court. Accordingly, on the 9th December 2005, the Employment Relations (Jersey) Law 200- had no status as a written Law of Jersey. To that extent, there were no functions imposed by it on the then Employment and Social Security Committee that could have been the subject of Regulations for their transfer.

A transfer of functions is not, now, appropriate, as there is no Committee from which functions could be transferred to the Minister.

These Regulations, then, simply amend the Employment Relations (Jersey) Law 2007 so as to substitute references to Committees with references to Ministers. In particular, the amendments have the effect that the functions that would otherwise have been discharged by the then Employment and Social Security Committee are to be discharged by the Minister for Social Security.

Financial/manpower implications

There are no additional financial or manpower implications for the States arising from the adoption of these draft Regulations

Explanatory Note

These Regulations would amend the Employment Relations (Jersey) Law 2007, on the day that it is brought into force by Appointed Day Act, so as to replace references in it to Committees of the States with references to Ministers.

States of Jersey (Implementation) (Jersey) Regulations 200-

Arrangement

Regulation

1 Interpretation. 5

2 Article 1 amended. 5

3 Article 5 amended. 5

4 Article 25 amended. 6

5 Miscellaneous substitutions of “Committee" by "Minister”. 6

6 Citation and commencement 6

States of Jersey (Implementation) (Jersey) Regulations 200-

Made [date to be inserted]

Coming into force [date to be inserted]

THE STATES, in pursuance of Article 50(1)(b) of the States of Jersey Law 2005, have made the following Regulations –

1 Interpretation

In these Regulations “principal Law” means the Employment Relations (Jersey) Law 2007.

2 Article 1 amended

In Article 1 of the principal Law –

(a) in the definition “approved code of practice” for the words “Employment and Social Security Committee” there shall be substituted the word “Minister”;

(b) the definition “Committee” shall be deleted;

“ ‘Minister’ means the Minister for Social Security;”.

3 Article 5 amended

In Article 5(3) of the principal Law –

(a) for the words “a Committee of the States” there shall be substituted the words “a Minister”;

(b) for the words “the Committee” there shall be substituted the words “the Minister”;

(c) for the words “that Committee”, in each place that they appear, there shall be substituted the words “that Minister”;

(d) for the words “power conferred on it” there shall be substituted the words “power conferred on that Minister”.

4 Article 25 amended

In Article 25(4)(c) of the principal Law for the words “Policy and Resources Committee” there shall be substituted the words “Chief Minister”.

5 Miscellaneous substitutions of “Committee" by "Minister”

In the following provisions of the principal Law, for the word “Committee”, in each place that it appears, there shall be substituted the word “Minister” –

(a) Article 6(2);

(b) Article 8(1);

(d) paragraph 2(4) of the Schedule, in the inserted Article 2A.

6 Citation and commencement

These Regulations may be cited as the States of Jersey (Implementation) (Jersey) Regulations 200- and shall come into force 7 days after they are made.