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TV Licence: Extension to cover On-Demand Programme Services (ODPS)

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 3 May 2016:

Decision Reference: MD-C-2016-0060

Decision Summary Title: :

Extension of TV Licence to cover BBC ODPS

Date of Decision Summary:

03 May 2016

Decision Summary Author:

Projects and Policy Officer

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title: :

Extension of TV Licence to cover BBC ODPS

Date of Written Report:

03 May 2016

Written Report Author:

Projects and Policy Officer

Written Report :

Public or Exempt?

Exempt - 35 Formulation and development of policies

Subject:  Decision to extend the TV Licence in Jersey to cover On-Demand Programme Services

Decision(s):  The Assistant Chief Minister agrees to the principle of extending to Jersey a UK Statutory Instrument (SI) that will close the ‘iPlayer Loophole’ by extending the TV Licence to cover BBC On-Demand Programme Services (ODPS).

Reason(s) for Decision:  The purpose of extending this SI is to ensure that Jersey, in line with the UK, closes a loophole in its legislation whereby consumers can currently watch BBC content on-demand (i.e. online and not live) without paying the licence fee. This decision acknowledges the fact that new technologies are changing the way that people view content.

Resource Implications: There are no resource implications.

Action required:

 

  • Law Officers’ Department to agree final wording of the SI with the UK Department for Culture, Media and Sport.
  • Once agreed, Law Officers’ Department to liaise as necessary with Ministry of Justice to ensure that the regulations (once made) are duly forwarded through the official channel for registration by the Royal Court.
  • Chief Minister’s Department to return the signed Ministerial Decision to the States Greffe.

Signature: Philip Ozouf

 

 

 

Position: Assistant Chief Minister

Date Signed:

 

Date of Decision:

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