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Registrar of Shipping: Appointment

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 22 December 2016:

Decision Reference: MD-E-2016-0068

Decision Summary Title :

Appointment of Registrar of Shipping

Date of Decision Summary:

21 December 2016

Decision Summary Author:

 

Head of Policy and Legislation

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Oral

Person Giving

Oral Report:

 

Head of Policy and Legislation

Written Report

Title :

n/a

Date of Written Report:

n/a

Written Report Author:

n/a

Written Report :

Public or Exempt?

 

n/a

Subject:

Appointment of the Registrar of Shipping and designation of persons to perform functions.

Decision(s):

In accordance with Article 188 of the Shipping (Jersey) Law 2002, (the 2002 Law) the Minister approved the transfer of the title and function of the Registrar of Shipping from the Head of Maritime Administration to the Assistant Director from 1st January 2017.  In addition, under Article 11 (3) (a) of that Law the Harbourmaster and Chief Operating Officer, Marine, Ports of Jersey is designated to discharge the following functions-

  • To maintain a register of Jersey ships in accordance with Articles 11 and 12 of the 2002 Law. 
  • To carry out the registration of ships, enforcement of compliance and all related processes inasmuch as the duties of the Registrar are specified in the Shipping (Registration) (Jersey) Regulations 2004 and the Shipping (Local Small Ships Registration) (Jersey) Regulations 2004.
  • To measure fishing vessels less than 15m in length and issue certificates of measurement, in accordance with regulations 18 and 22(5) of the Shipping (Tonnage) (Jersey) Regulations 2004.
  • To examine vessels and issue certificates, in accordance with Regulation 3(1) of the Shipping (Fishing Vessels Safety Codes of Practice) (Jersey) Regulations 2015, for vessels (less than 12m in length).

In addition, the Minister authorises the Jersey Chief Marine Surveyor under Article 11 (3) (a) of the 2002 Law to act on his behalf (as the Administration) to ensure the correct survey and certification of Jersey ships and oversight of the appointed Recognised Organisations and Certifying Authorities in accordance with the 2002 Law and subordinate legislation. This authorisation will specifically but not exclusively concern commercial shipping. This authorisation is subject to the said surveyor keeping the Administration informed as necessary regarding all specific Flag State decisions and is in support of Ports of Jersey Ltd in its functions under Part 3 of the 2002 Law regarding the registration of ships.

 

 

Reason(s) for Decision:

The areas of maritime administration and the operation of the Ships’ Registry have been restructured as part of an ongoing Departmental review of functions. This has resulted in a net cost saving in this area.

Resource Implications:

This decision will result in a saving of one full time post and associated costs. It will require re-negotiation of the service contract with the current Jersey Chief Marine Surveyor to increase the maximum annual fee payment from £10,000 to £25,000 (this is not a commitment to pay £25,000, but reflects the maximum anticipated cost).

Action required:

Officers are directed to commence their new duties from 1st January 2017.

Signature: Senator L J Farnham

Position:

Minister for Economic Development, Tourism, Sport and Culture

Date Signed:

Date of Decision (If different from Date Signed)

 

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