Education, Sport and Culture: Delegation of Functions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 27 January 2012:

Decision Reference: MD-ESC -2012-002
Decision Summary Title :	Delegation of Functions		Date of Decision Summary:	23rd January 2012
Decision Summary Author:	Jeremy Harris, Assistant Director – Policy and Planning		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	-
Written Report Title :	Delegation of Functions		Date of Written Report:	17th January 2012
Written Report Author:	Jeremy Harris, Assistant Director – Policy and Planning		Written Report : Public or Exempt?	Public
Subject: Delegation of Functions by the Minister for Education, Sport and Culture
Decision(s): The Minister, in accordance with Article 28 of the States of Jersey Law 2005, as amended, confirmed the delegation of certain functions to the Director of Education, Sport and Culture as set out in the report attached to this Ministerial Decision. The Minister, in accordance with Article 30 of the States of Jersey Law, decided to present the attached report to the States for the information of States members and the public.
Reason(s) for Decision: To provide the necessary authority for the Director to exercise a range of actions to ensure the efficient and effective operation of the Service.
Resource Implications: None.
Action required: Assistant Director - Policy and Planning to inform senior managers in the ESC Department of this decision, and to request the Greffier of the States to arrange for the attached report to be presented to the States.
Signature:		Position: Education, Sport and Culture Minister
Date Signed:		Date of Decision (If different from Date Signed):

Education, Sport and Culture: Delegation of Functions

States_CMYK

Department for Education, Sport and Culture Ministerial Team Report
Subject:	Delegation of Functions
Exempt Clause:	n/a	Date:	17th January 2012

Author:	Jeremy Harris, Assistant Director, Policy and Planning

Delegation of Functions

Introduction

Article 28 of the States of Jersey Law 2005 permits a Minister to delegate, wholly or

partly, functions to an Assistant Minister or an officer

The Law states, inter alia,

(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;

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

Background

The delegation of authority in respect of a significant number of administrative areas is intended to release the Minister from potentially time-consuming business, thus enabling him to focus on matters of policy and governance with the freedom to establish framework and review administrative decisions as appropriate.

Areas of Delegated Authority

The Schedule identifies items for which Ministerial decisions are necessary and those which may be delegated to the Director.

The level of proposed authority for each item presumes that:

a) decisions made under delegated authority will be made in accordance with existing policies already approved by the Minister or the Education, Sport and Culture Committee as formerly constituted;

b) decisions made under delegated authority and marked by [R] in the Schedule shall be reported to the Minister at the earliest opportunity;

c) decisions, which may be made within existing policies but which may prove to be contentious, will be referred to the Minister as necessary; and

d) decisions on issues which fall outside or are not covered by existing policies, will be referred to the Minister for approval, in which circumstances the decision would be reflected in all similar circumstances.

In accordance with the requirement in Article 30 of the States of Jersey Law, the Minister is presenting this report to the States for the information of States members and the public.

The areas of delegated authority are detailed in the attached schedule.

Schedule of Delegated Functions – January 2012

Education, Sport and Culture

RESPONSIBILITY FOR FUNCTIONS

		MINISTER	DIRECTOR
1.	SERVICE MANAGEMENT
	1.1 Service Development:
	(a) Review and publication of achievements	R	
	(b) Transfer of functions to other Ministries	
	1.2 Strategic and Business Planning:
	(a) Approval of Strategic Plans	
	(b) Approval of Business Plans	R	
	1.3 Revenue Budgets *
	(a) Approval of cash limit submissions	
	(b) Acceptance of Cash Limit	
	(c) Approval of budgets	R	
	(d) Approval of transfers including GAAP adjustments	R	
	(e) Approval of quarterly reports	R	
	(f) Approval of final accounts	R	
	(g) Review of Audit Committee reports	R	
	1.4 Capital Budgets *
	(a) Approval of Capital Programme bid submissions	
	(b) Approval of Capital Programme	
	(c) Minor Capital Allocations		
	1.5 Health and Safety
	(a) Approval of Policy	
	(b) Approval of Arrangements		
	1.6 Schools and Colleges
	(a) Approval of policies	
	(b) Determination of procedures		
	(c) Approval of publication of reports	R	
	(d) Approval of Education Supervision Order -referred to courts		
	(e) School Closures	R	
	(f) Issuing notices in respect of private schools	R	

* Note: This takes into account the responsibilities of Chief Officers of States Departments as ‘accounting officers’ under the Finance Law.

2.	MISCELLANEOUS
	2.1 Registration of Day Care Service providers
	(a) Approval of registration requirements under the Law;	
	(b) agreement to refuse applications for registration;	
	(c) agreement to refuse re-registration;	
	(d) agreement to cancellation or termination of certification.	
	2.2 Appeals Procedures
	(a) Panel Member nominations	
	(b) Appeals hearings	R	

3.	FINANCE
	3.1 Debt Recovery:
	(a) Recovery of debt through Petty Debts Court		
	(b) Writing off irrecoverable debt within agreed limits.		
	(c) Writing off irrecoverable debt outside agreed limits.	
	3.2 Charges:
	(a) Approval of all charges (Within States Limits or R.P.I.)	R	
	(b) Approval of all charges (Outside States Limits or R.P.I.)	
	(c) Authorised Signatories		
	(d) Approval of authorised signatories for financial documents		
	3.3 Fees generally
	(a) Approval of fees (Within States Limits or R.P.I.)	R	
	(b) Approval of fees (Outside States Limits or R.P.I.)	

4.	FEES & GRANTS
	4.1 Grants:
	(a) Approval of higher education awards policy (Within States Limits or R.P.I.)	
	(b) Approval of higher education grants		
	(d) Student Scholarships		
	(b) Approval of Grants to organisations	R	

5.	STAFF :
	5.1 Recruitment:
	(a) Approval of “J” Category Contracts		
	(b) Extensions of “J” Category Contracts		
	(c) Appointment Policy	
	(d) Appointment of Headteachers	R	
	(e) Appointment of Deputy Headteachers for schools with a Governing Body		
	(f) Appointment of Deputy Headteachers for schools without a Governing Body		
	(g) Appointment of staff below DHT		
	(h) Appointment other staff		
	5.2 Transfers:
	(a) Transfer of Headteachers	R	
	(b) Transfers of all other staff		
	5.3 V.E.R/V.R./Medical
	(a) All staff		
	5.4 Maternity Leave:
	(a) All staff		
	5.5 Staff Exchanges:
	a) All staff		
	5.6 Salary/Wages Negotiations:
	(a) Negotiations for all staff employed within other than civil servants and manual workers		
	5.7 Disciplinary Action:
	(a) For all staff employed in the Education Service		

17.1.12