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Economic Department - Delegation of Powers

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.

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  • 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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (23.01.2009) to approve Delegation of Powers for Economic Development.

Decision Reference: MD-E-2009-0011 

Decision Summary Title :

Economic Development - delegation of powers

 

Date of Decision Summary:

15 January 2009

Decision Summary Author:

 

Kevin Lemasney

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 :

WR - EDD Ministerial Delegated Powers - January 2009

Date of Written Report:

15 January 2009

Written Report Author:

Kevin Lemasney

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:

Delegation of powers

 

Decision(s):

The Minister has approved the attached list of delegated powers.

The approved delegation of statutory functions will be presented to the States.

 

Reason(s) for Decision:

It is necessary for the Minister to approve delegation of statutory and administrative functions to officers so that they are authorised to carry out relevant functions.

 

Resource Implications:

None.

 

Action required:

Kevin Lemasney will inform all relevant officers that the delegations have been approved and the date of their commencement.

Kevin Lemasney will forward to the Assistant Greffier and the Publications Editor by email the list of delegated powers for reformatting and presentation to the States

 

Signature:

 

Senator Alan Maclean

Position:

 

Minister for Economic Development

Date Signed:

 

Date of Decision (If different from Date Signed):

 

 

 

 

 

 

Economic Department - Delegation of Powers

 

MD-E-2009-0011 

ECONOMIC DEVELOPMENT MINISTER

STATES OF JERSEY LAW 2005 - ARTICLE 28

 DELEGATION OF FUNCTIONS

 

1.  Introduction

Article 28 of the States of Jersey Law 2005 enables a Minister to delegate functions:-

(1) A Minister may delegate, wholly or partly, functions conferred upon or vested in the Minister by or under this Law or any other enactment or any enactment of the United Kingdom having effect in Jersey, to –

(a) one of his or her Assistant Ministers;

(b) an officer.


(2) A Minister shall not delegate –

(a) any power to make an enactment;

(b) any power to decide an appeal under an enactment;

(c) any function the delegation of which is prohibited by an enactment.


(3) The delegation of functions by a Minister under this Article shall not prevent the Minister exercising those functions personally.

Definition –

 “officer” means a person employed under the Civil Service Administration (Jersey) Law 1948 whose duties are wholly or mainly administrative, professional, technical or clerical and includes a member of the States of Jersey Police Force and an officer appointed under paragraph 1(1) of Part 1 of Schedule 2 to the Immigration Act 1971 as extended to Jersey by the Immigration (Jersey) Order 1993.

 

2.  Recommendations

The Minister is recommended to -

a)    approve the delegated functions listed in the attached schedule.

 

20 January 2009

 

1

Airport

2

2

Enterprise & Business Development

5

3

Finance Industry

5

4

Fisheries

6

5

Harbours & Shipping

8

6

Regulatory Services

16

7

Regulations of Undertakings and Development

18

8

Rural Economy

21


 

Law

 

Function

                                        

Minister or Assistant Minister with political responsibility for function

Powers delegated to

 

AIRPORT

 

 

 

 

Airport Dues (Jersey) Law 1956

The reduction or waiving of any class of any Airport Dues as set out in the current Airport Dues (Tariffs) (Jersey) Order.

 

Senator Paul Routier

Airport Director

Air Navigation (No 2) (Jersey) Order 1995, as extended to Jersey with modifications by the Air Navigation (Jersey) Order 2000.

Article 118.  Be an authorised person under the Law to act as Airport Director (when deputizing for the Airport Director).

Senator Paul Routier

Airport Director to deputize either

Assistant Operations Director, Airport Finance & Commercial Director, Airport Terminal & Security Manager or Airport Operations Manager

 

Air Navigation (Jersey) Order 2000

Article 47. The authority to permit a helicopter to fly with a suspended load.

 

Article 48.  The authority to permit the dropping of articles for public health or measurement of weather conditions; surface icing or oil pollution and the dropping of wind drift indicators for parachuting.

 

Article 49.  The authority to permit parachute drops.

 

Article 76.  The authority to permit the flying of balloons, kites, airships, gliders and parascending parachutes.

 

Article 76A.  The authority to permit the flying of small aircraft such as used by the Jersey Model Aero Club, and to keep a register of the aircraft of the Club.

 

Article 90. The authority to grant an exemption for helicopters to fly from or to land at places other than Jersey Airport.

 

Article 116.  The authority to exempt from the Air Navigation Order and the Rules of the Air made there under, certain persons, classes of persons, classes of aircraft and certain age groups and other users, such as model aircraft owners, from any of the provisions of the Air Navigation Order other than Articles 72, 102, 103, 104, 105, all of which relate to the powers of the Secretary of State, or Article 117, which relates to the ability to appeal to the Royal Court.

 

Senator Paul Routier

Airport Director

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Standing Order 168

To make recommendations to the Minister for Treasury and Resources, Assistant Minister or Director of Property Holdings as appropriate, under Standing Order 168 as ‘a body established by the States to manage land and buildings owned by the public of Jersey:

 

·  Any acquisition or disposal of land or property on behalf of the public for a consideration of less than £150,000

· Any grant or acceptance on behalf of the public of any servitude or right in, on, over or under land by way of gift or for a sum of less than £50,000 or £12,500 a year

· The letting on behalf of the public to any person or body for a term certain of any land or property for a rent payable on commencement of less than £50,000 a year

· The rent on behalf of the public from any person or body for a term certain of any land or property for a rent payable on commencement of less than £50,000 a year; and

· The renewal, extension or variation of any lease where the value is less than £50,000 a year.

 

[Note: The approval of construction plans for non-contentious projects for projects below £250k has been delegated to the Accounting Officer under MD-TR-2006-0011]))

 

 

 

 

 

 

 

Senator  Paul Routier

Airport Director

 

ENTERPRISE & BUSINESS DEVELOPMENT

 

 

 

 

Enterprise & Business Development Strategy

 

Skills Strategy and Implementation Plan

·        Approval of grants in accordance with the Minister approved Enterprise & Business Development Strategy and the Skills Strategy & Implementation Plan

·        Authority to enter into annual service level agreements for the provision of services or products required to deliver the Enterprise & Business Development Strategy and the Skills Strategy.

 

 

 

 

Senator Alan Maclean

Director of Enterprise & Business Development or, in his absence, the Director of Business Creation & Growth

FINANCE

 

 

 

 


Financial Services Commission (Jersey) Law 1998

 

Article 6 transfer to the Commission the function of supervising banks and other deposit taking institutions under the Banking Business Law, insurance business under the Insurance Business Law and collective investment funds and the functionaries of such funds under the Collective Investment Funds Law.  In addition, the article charges the Commission (largely acting through the registrar, a Commission appointee) with administering the Borrowing Control Law, the Registration of Business Names Law, the Companies Law, the Limited Partnerships Law and the Limited Liability Partnerships Law.

 

 

 

 

Senator Alan Maclean

The Jersey Financial Services Commission.

In practice, much of the manner in which the Commission carries out these responsibilities is set out in the Financial Services (Jersey) Law.

 

FISHERIES

 

 

 

 

Sea Fisheries (Jersey) Law 1994

·To approve applications for exemptions for scientific purposes or the transplanting of fish (Article 5)

·To approve conditions to be included in licences (Article 12)

· To decide what information is required to be provided by licence/permit holders (Article 12)

· Where a licence is suspended or revoked, to decide whether to authorise repayment of the licence fee (Article 13)

 

Connetable Len Norman

Assistant Minister

Chief Executive Officer

Director of Environment

Head of Fisheries & Marine Resources

 

Sea Fisheries (Miscellaneous Provisions) (Jersey) Regulations 1998 as amended

·To decide on applications for exemption from restrictions on Ormers where the applicant wishes to conduct scientific work or transplanting (Regulation 4).

· To decide on applications for exemption from need for pot tags where the applicant wishes to conduct scientific work (Regulation 8).

 

 

· To issue and revoke permits to masters, owners and charterers of fishing boats exempting them from the need for pot tags and to set conditions and time limits for such permits (Regulation 8).

 

· To approve type of pot tag and lost pot tag (Regulation 8).

 

 

· To set directions for the issue of pot tags and lost pot tags and to determine the year or years for which pot tags and lost pot tags are valid (Regulation 8).

·To issue pot tags (Regulation 8).

 

 

 

·To issue lost pot tags (Regulation 8).

Connetable Len Norman

Assistant Minister

Chief Executive Officer

Director Of Environment

Head of Fisheries & Marine Resources

 

 

Assistant Minister

Chief Executive Officer

Director Of Environment

Head of Fisheries & Marine Resources

 

 

Head of Fisheries & Marine Resources

Senior Fisheries Inspector

Fisheries Officer (Licensing)
 

 

 

Assistant Minister

Chief Executive Officer

Director Of Environment

Head of Fisheries & Marine Resources

Assistant Minister

Chief Executive Officer

Director Of Environment

Head of Fisheries & Marine Resources

 

Head of Fisheries & Marine Resources

Senior Fisheries Inspector

Fisheries Officer (Licensing)

Head of Fisheries & Marine Resources

Fishery officers and Fisheries Support Officer

 

Sea Fisheries (Inshore Trawling, netting and dredging)(Jersey) Regulations 2001

 

To approve exemptions for beach set nets to be set in areas where they would otherwise be prohibited

 

 

Assistant Minister

Chief Executive Officer

Director of the Environment

Head of Fisheries & Marine Resources

 

Sea Fisheries (Licensing of Fishing boats)(Jersey) Regulations (2003)

To authorise the issue of licences and permits (Part 2)

 

Connetable Len Norman

Assistant Minister

Chief Executive Officer

Director of the Environment

Head of Fisheries & Marine Resources

 

Sea Fisheries (Underwater Fishing ) (Jersey ) Regulations 2003

 

·To authorise certain scientific or transplanting activities (Article 2).

·To authorise the issuing of permits, fishing periods, and the provision of statistics (Regulation 3)

 

 

 

 

Connetable Len Norman

Assistant Minister

Chief Executive Officer

Director of the Environment

Head of Fisheries & Marine Resources

HARBOURS & SHIPPING

 

 

 

 

Harbours (Jersey) Regulations 1962, as amended, Part 1 (Powers of Minister). Regulation 1, paragraphs (1)(a), (2)(a) and (3)),

 

To restrict access to harbours. The delegation does not extend to actions concerning territorial waters.

 

 

 

Senator Paul Routier

Harbour Master/Deputy Harbour Master.

 

Harbours (Jersey) Regulations 1962, as amended, Part 3 (Duties of Master and Owner)

 

Action to be taken under Regulation 7(2) following failure of a master to carry out directions of the Harbour Master/Deputy Harbour Master requiring movement of a vessel.

To conform to agreed Ministerial policies and codes of practice.

 

Senator Paul Routier

Harbour Master/Deputy Harbour Master.

 

Harbours (Jersey) Regulations 1962, as amended, Part 4 (Provisions governing ships bringing petroleum spirit into a harbour) and Part 5 (Provisions governing the conveyance, loading and unloading of explosives)

 

To authorise an officer to discharge the functions of inspection to ascertain whether the requirements of Parts 4 (Regulation 24) and 5 (Regulation 35) of the Regulations are being carried out.

Any professional fees required, or provision of facilities, to be within annual budget or agreed contingency budget.

 

Senator Paul Routier

Harbour Master/Deputy Harbour Master.

 

Harbours (Jersey) Regulations 1962, as amended, Part 8 (General)

 

Functions under Regulation 47 (Damage by vessels in harbour) with respect to persons answerable for any damage, and persons liable to make good any such damage, including power to detain a vessel and obtain security for the amount of damage done.

Valuation of cost to make good damage to be based on independent professional report.

 

Senator Paul Routier

Harbour Master/Deputy Harbour Master.

 

Harbours (Jersey) Regulations 1962, as amended, Part 8 (General)

 

Giving permission under Regulation 49(1) (a) through to 1(e) and 1(g) for any of the following – fixing notices; use of vessels as houseboats; use of firearms; public address or performance; soliciting or collecting; lighting fireworks.

Any permission given to fall within the scope of any policies or codes of practice approved by the Minister.

 

Senator Paul Routier

Harbour Chief Executive/Commercial Director.

 

Harbours (Jersey) Regulations 1962, as amended, Part 8 (General)

 

Giving permission to engage in any trade or business activity under Regulation 49(1) (f) and the setting of any terms and conditions under Regulation 49(2).

Any permission given or withdrawal of such permission to fall within the scope of any policies or codes of practice approved by the Minister.

If the trade or business activity involves the use of a harbour facility or the provision of a service then the permission must fall within the scope of any directions or requirements of the Minister made under Regulation 6 (3), (4), (8) or (10).

 

Senator Paul Routier

Harbours Chief Executive/Commercial Director/ Director of Finance.

 

Boats and Surf-Riding (Control) (Jersey) Regulations 1969, as amended, Part 1 (Provisions as to Surf-Riding)

 

To oversee the registration and insurance procedures and the issue of certificates, concerning surf-riding.

Any fees required to be as stated in the Regulation. The design of forms certificates and discs to be determined by the delegate. Cancellation of the certificate to be within the clearly stated procedures of these Regulations.

 

Senator Paul Routier

Harbours Chief Executive/Commercial Director.

 

Boats and Surf-Riding (Control) (Jersey) Regulations 1969, as amended, Part 2 (Registration of Sail Boards)

 

To oversee the registration and insurance procedures and the issue of certificates, concerning sail boards.

Any fees required to be as stated in the Regulation. The design of forms, certificates and discs to be determined by the delegate. Cancellation of the certificate to be within the clearly stated procedures of these Regulations.

 

Senator Paul Routier

Harbours Chief Executive/Commercial Director.

 

Boats and Surf-Riding (Control) (Jersey) Regulations 1969, as amended, Part 3, (Registration of Boats)

 

To oversee the registration procedures and issue of certificates of registration for boats.

Any fees required to be as stated in the Regulation. The design of forms and certificates to be determined by the delegate.

 

Senator Paul Routier

Harbours Chief Executive/Commercial Director.

 

Boats and Surf-Riding (Control) (Jersey) Regulations 1969, as amended, Part 4, (Control of Boats Plying for Hire)

 

For boats to ply for hire (except where operating from the beach). To grant a licence (Regulations 14 and 15) and to revoke, suspend or vary a licence (Regulations 16 and 17).

 

Senator Paul Routier

Harbours Chief Executive.

 

Boats and Surf-Riding (Control) (Jersey) Regulations 1969, as amended, Part 5 (Control of Passenger Boats Plying for Hire etc)

 

For passenger boats to ply for hire between places in the Island: to grant a licence (Regulations 25 and 26) and to revoke, suspend, vary or refuse a licence (Regulations 27 and 28).

Any fees required to be as stated in the Regulation. The design of forms and licences to be determined by the delegate. Any revocation, suspension or variation of the licence to be within the clearly stated procedures of these Regulations and with due regard to the advice of the Harbour Master/Deputy Harbour Master.

 

Senator Paul Routier

Harbours Chief Executive.

 

Boats and Surf-Riding (Control) (Jersey) Regulations 1969, as amended, Part 6 (Registration and Marking of Speed Boats).

To oversee the registration and marking of speed boats and to issue the relevant certificate of registration (Regulations 32, 33 and 34). To ensure compliance with the insurance obligations of the owner (Regulation 35).

Any fees required to be as stated in the Regulation. The design of forms to be determined by the delegate. Cancellation of the certificate to be within the clearly stated procedures of these Regulations.

 

Senator Paul Routier

Harbours Chief Executive/Commercial Director.

 

Shipping (Tonnage) (Jersey) Regulations 2004.

 

 

To appoint appropriately qualified, authorized measurers and surveyors, as defines in Regulation 1.

The Registrar shall only appoint Measurers and Surveyors for the purpose of their function under the Tonnage Regulations.

Senator Alan Maclean

Registrar of Shipping

Shipping (Fishing Vessels – Safety Training) (Jersey) Order 2004.

 

To grant exemptions from the requirement for safety training under Article 4.

Exemption may apply to fishermen operating vessels under 6 metres in length and where they have attended the approved alternative training. Temporary exemptions for those who have not attended any approved training must be time-limited and dependent on there being on-board safety and emergency briefings.

 

Senator  Alan Maclean

Harbour Master/Deputy Harbour Master.

 

Shipping (Survey and Certification) (No 2) (Jersey) Order 2005 Article 1 (2)(j), regarding UK Regulation 11

 

To issue a Passenger Certificate in accordance with the associated UK Regulation 11(a) and recognise equivalent UK certification in accordance with the associated UK Regulation 11(b).

The Harbour Master/Deputy Harbour Master shall only issue and recognise certificates where the appropriate survey or surveys have been satisfactorily completed.

 

Senator Alan Maclean

Harbour Master/Deputy Harbour Master

 

Shipping (Survey and Certification) (No 2) (Jersey) Order 2005 Article 1, (2)(q) regarding UK Regulation 19

 

To cancel a certificate issued to a Jersey ship in accordance with the associated UK Regulation 19(1) and to require the surrender of such a certificate in accordance with the associated UK Regulation 19(2).

The Harbour Master/Deputy Harbour Master shall only cancel or require surrender of such certificates where the certificate was issued on false or erroneous information or since any survey required by the associated Regulations, the structure, equipment or machinery has sustained damage or is otherwise deficient.

 

Senator Alan Maclean

Harbour Master/Deputy Harbour Master

 

Shipping (Survey and Certification) (No 2) (Jersey) Order 2005 Article 1, (2) (e) and (2) (r) regarding UK Regulations 2 and 21

 

To exempt individual ships from the SOLAS Convention requirements specified under associated UK Regulation 21 as amended by the Jersey Order.

Such exemptions are to be temporary in nature and The Minister is to be informed at the earliest opportunity. The Harbour Master/Deputy Harbour Master shall only act if he has also kept the Compliance Manager informed in accordance with the MoU between Regulatory Services and Jersey Harbours.

 

Senator Alan Maclean

Harbour Master/Deputy Harbour Master

 

Shipping (Survey and Certification) (No 2) (Jersey) Order 2005 Article 2, (2)(m) regarding UK Regulation 8

 

 

 

To exempt, alter and cancel exemptions concerning classes of ships or individual ships in accordance with the associated UK Regulation 8.

The Harbour Master/Deputy Harbour Master shall only act if he has also kept the Maritime Compliance Manager informed, in accordance with the MOU between Regulatory Services and Jersey Harbours.

 

Senator Alan Maclean

Harbour Master/Deputy Harbour Master

 

Shipping (Safety Codes) (Jersey) Order 2005 Article 5

To accept equivalencies.

The Registrar shall only accept equivalencies on having taken advice from professional surveyors appropriately appointed to oversee the Jersey Code of Practice as defined in Article 3 of the Order.

 

Senator Alan Maclean

Registrar of Shipping

Shipping (Safety Codes) (Jersey) Order 2005 Article 6

 

To grant exemptions.

The Registrar shall only grant exemptions on having taken advice from professional surveyors appropriately appointed to oversee the Jersey Code of Practice as defined in Article 3 of the Order.

 

Senator Alan Maclean

Registrar of Shipping

Standing Order 168

To make recommendations to the Minister for Treasury and Resources, Assistant Minister or Director of Property Holdings as appropriate, under Standing Order 168 as ‘a body established by the States to manage land and buildings owned by the public of Jersey:

 

·  Any acquisition or disposal of land or property on behalf of the public for a consideration of less than £150,000

 

[Note: The approval of construction plans for non-contentious projects for projects below £250k has been delegated to the Accounting Officer under MD-TR-2006-0011]))

 

 

 

 

Senator Paul Routier

Jersey Harbours Chief Executive

REGULATORY SERVICES

 

 

 

 

Regulation 8J in Part IIA of the Gambling (Gaming and Lotteries) (Jersey) Regulation 1965

The granting, renewal, cancellation and transfer of licences. Applicants must already be in possession of a bookmaker’s licence and have undergone a ‘fit and proper person’ test, the application must be in the correct form and accompanied by the requisite fee

 

Connetable Len Norman

The Licensing and Regulation Manager or the Director of Regulatory Services or Legal & Intelligence Manager or Technical & Compliance Manager

Gambling (Licensing Provisions) (Jersey) Regulations 1965

 

In pursuance of paragraph (13) of Regulation 6 of the Regulations, the authority to approve the appointment of a person to act as manager of a licensed betting or credit betting office, on the condition that the person was fit and proper to carry on the licence, subject to appropriate background reports.

 

Connetable Len Norman

The Licensing and Regulation Manager or the Director of Regulatory Services or Legal & Intelligence Manager or Technical & Compliance Manager

Gambling (Licensing Provisions) (Jersey) Regulations 1965, as amended, Regulation 6

 

In accordance with paragraph (15), to approve the appointment of an officer where a body corporate is the holder of a licence. 

 

In accordance with paragraph (16), to   approve any change to the lay-out of the premises to which a current amusement premises licence, track licence or betting office licence (other than a credit betting office licence) relates, which affects the means of access thereto.

 

Connetable Len Norman

The Licensing and Regulation Manager or the Director of Regulatory Services or Legal & Intelligence Manager or Technical & Compliance Manager

Gambling (Channel Islands Lottery) (Jersey) Regulations 1975, Regulation 9

 

To approve the signing of lottery contracts issued to Main Agents for each lottery game or draw.

Connetable Len Norman

The Regulation and Licensing Manager or the Director of Regulatory Services or Legal & Intelligence Manager or Technical & Compliance Manager

 

Tourism (Jersey) Law 1948

 

Approval of Registrations where all required standards are met.

Approval of Transfers and Managements where all requirements are met.

 

Senator Alan Maclean

Director of Regulatory Services or Hospitality & Leisure Manager, in her absence, the Director of Enterprise & Business Development of the Economic Development Department.

 

Licensing (Jersey) Law 1974

 

Attend at all Assemblies on behalf of the Minister and answer on any matter the Assembly requests. The Assembly will not grant any application regarding Tourism registered premises unless the Minister has previously approved all matters.

 

Senator Alan Maclean

Director of Regulatory Services or Hospitality & Leisure Manager or, in her absence, the Director of Enterprise & Business Development of the Economic Development Department

Places of Refreshment (Jersey) Law 1967

 

Approval of all Registrations where all required standards are met.

Approval of Transfers and Managements where all requirements are met.

 

Senator Alan Maclean

Director of Regulatory Services or Hospitality & Leisure Manager or, in her absence, the Director of Enterprise & Business Development of the Economic Development Department

 

Policing of Beaches (Jersey) Regulations 1959

 

Approval of any element within the legislation where requirements are met.

(Note. In the past two members of the Committee were asked to oversee the approval of new Concessionaires so that the process is transparent )

 

Senator Alan Maclean

Director of Regulatory Services or Hospitality & Leisure Manager or, in her absence, the Director of Enterprise & Business Development of the Economic Development Department.

 

Shipping (Tonnage) (Jersey) Regulations 2004.

 

To appoint appropriately qualified authorized measurers and surveyors, as defined in Regulation 1.

The Registrar shall only appoint the said measurers and surveyors for the purpose of their functions under the Tonnage Regulations.

 

 

 

 

Senator Alan Maclean

Registrar of Shipping.

 

REGULATIONS OF UNDERTAKINGS

 

 

 

 

The Regulation of Undertakings and Development (Jersey) Law 1973, as amended

 

Article 5 - to determine the form of application and contain or be accompanied by such particulars as the Minister may require

Connetable Len Norman

Director, Population Office or, Senior Manager Business Assessment and Licensing.

The Regulation of Undertakings and Development (Jersey) Law 1973, as amended

 

Article 6 (1) - to grant a licence either unconditionally or subject to such conditions as considered appropriate or, refuse to grant a licence.

Article 6 (2) – in deciding whether to grant a licence, to impose conditions, or to refuse to grant a licence to have regard to –

a)      to the need to regulate and manage demand on the resources of Jersey, and to protect the integrity of Jersey  in commercial and financial matters; and

b)      to the provisions of the Competition (Jersey) Law 2005 and to the decisions and directions of the Jersey Competition Regulatory Authority made or given under that Law.

Article 6 (4) – to state in writing the reasons for a decision that refused a licence or attached any condition to that licence.

Article 6 (5) (6) – to revoke a licence if satisfied that –

a)      any information furnished in connection with the application for the licence was false or misleading in a material particular; or

b)      there has been a failure to comply with any condition subject to which the licence was granted.

A licence shall not be revoked unless not less than 14 days notice has been given in writing of the intention so to do and a statement in writing of the reasons for so doing.

The delegations as outlined above will only be exercised where the licence relates to 15 or less permanent locally qualified members of staff, and/or, 5 or less permanent non locally qualified staff, as these terms are defined in the published “General Statement of Policy (2008) in relation to : Regulation of Undertakings and Developments (Jersey) Law (‘RUDL’)”.

The delegations as outlined above will normally only be exercised in accordance with the published practise note: “Practise Note: Delegated Decisions - Regulation of Undertakings and Developments (Jersey) Law (‘RUDL’)”

 

Connetable Len Norman

Chief Officer, Economic Development Department, Director, Population Office, or, other Population Office Officer as instructed by the Director, Population Office, in accordance with internal guidance.

The Regulation of Undertakings and Development (Jersey) Law 1973, as amended

 

Article 9 (1) - to authorise any persons - at all reasonable times, on the production if so required of evidence of the person’s authority, enter on any land and make such enquiries, take such measurements and require the production of such documents, as the person thinks necessary in order to ensure that the provisions of this Law are being complied with.

Connetable Len Norman

Director, Population Office or, Senior Manager Business Assessment and Licensing.

Hawkers and Non-Resident Traders (Jersey) Law 1965

To grant, register, revoke, suspend, and vary a licence, and to appoint other authorities, and publish as such, as required under the Law.

 

 

 

 

Connetable Len Norman

The Parish of St Helier carries out this function on behalf of the Minister.

 

RURAL

 

 

 

Agricultural Returns (Jersey) Law 1947

 

 

The collecting and collating of agriculture and fisheries statistics.  

 

Connetable Len Norman

Director of the Environment or  Assistant Director Environmental Management and Rural Economy

Agricultural  (Loans and Guarantees)

(Jersey) Law 1974

 

 

 

Subordinate

Agriculture (Loans) (Jersey) Regulations 1974

 

 

 

 

Applications for new loans and deferments, and general administration of the Scheme is carried out at Officer level. (Rural Economy and Treasury and Resources)

The Agriculture Loans Board does not now exist but recommendations could be made to Minister from the Director of the Rural Economy. This would only be for deferments as the scheme is no longer available for new loans.

Connetable Len Norman

The Finance Director is delegated to take appropriate action with borrowers who are in arrears with repayments.

 

The Minister will continue to consider cases only where a formal decision is required to give the Law Officers instructions to carry out certain functions. i.e. registering of new loans, changes in security and legal action.

Agricultural Marketing (Jersey) Law 1953

 

Subordinate

                                   

Milk Marketing Scheme (Approval) (Jersey) Act 1954

Milk Marketing (Registration of Producers) (Jersey) Order 1954

Milk Marketing (Polls) (Jersey) Order 1954

Sale of Milk (Jersey) Order 1961

Main crop Potato Marketing Scheme (Approval) (Jersey) Act  1968

Main crop Potato Marketing (Registration of Producers)     

(Jersey) Order 1968

Main crop Potato Marketing (Polls)(Jersey) Order 1968

 

Administration of all subordinate legislation.

 

 

 

 

 

 

 

 

 

 

 

Connetable Len Norman

Director of the Environment or Assistant Director Environmental Management and Rural Economy

 

 

 

 

http://sojedmdav/livelinkdav/nodes/19075038/Senior Management/ED Senior Management Team (ED SMT)/EDD Ministerial Delegated Powers - January 2009.doc

 

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