Regulation of Care (Jersey) Law 2014: Regulations: Law drafting instructions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 4 March 2016:

Decision Reference: MD-C-2016-0024
Decision Summary Title :	Regulation of Care (Jersey) Law 2014 –Law Drafting Instructions for Regulations		Date of Decision Summary:	04th March 2016
Decision Summary Author:	Director, Social Policy		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Oral		Person Giving Oral Report:	Director, Social Policy
Written Report Title :	Regulation of Care (Jersey) Law 2014 –Law Drafting Instructions for Regulations		Date of Written Report:	04th March 2016
Written Report Author:	n/a		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	n/a
Subject: Regulation of Care (Jersey) Law 2014 – Law Drafting Instructions for Regulations
Decision(s): The Chief Minister approved the drafting of Regulations in relation to the Regulation of Care (Jersey) Law 2014.
Reason(s) for Decision: The Regulation of Care (Jersey) Law, approved by the States in July 2014 (P95/2014) provides for a comprehensive framework for the regulation of health and social care in Jersey. The Law contains powers for the States to enact Regulations which will be required to be in force before any new regulation of services takes effect. The Chief Minister is required to instruct the Law Draftsman to draft Regulations setting out the characteristics of Regulated Activities, the requirements with which a registered person will be obliged to comply, the frequency and purpose of inspection and other consequential arrangements.
Resource Implications: At this stage there are no known resource implications for the States of Jersey. Additional costs associated with the implementation of the Law will be met by bringing registration fees into line with equivalent regulation in the UK as per P.95/2014.
Action required: Director, Social Policy, to forward the law-drafting instructions to the Law Draftsman.
Signature:		Position: Senator I.J. Gorst Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):