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Education (Discretionary Grants - General) (Amendment No. 4) (Jersey) Order 2015

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 25 August 2015:

Decision Reference: MD-ESC-2015-0016

Decision Summary Title :

Education (Discretionary Grants – General) (Amendment No. 4) (Jersey) Order 2015

Date of Decision Summary:

20.8.15

Decision Summary Author:

 

Jeremy Harris,

Assistant Director, Policy and Strategy

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Oral

Person Giving

Oral Report:

Christine Walwyn,

Finance Director

Written Report

Title :

Education (Discretionary Grants – General) (Amendment No. 4) (Jersey) Order 2015

Date of Written Report:

n/a

Written Report Author:

n/a

Written Report :

Public or Exempt?

Public

Subject: Education (Discretionary Grants – General) (Amendment No. 4) (Jersey) Order 2015

Decision(s):

The Minister for Education, Sport and Culture made an Order, entitled the Education (Discretionary Grants – General) (Amendment No. 4) (Jersey) Order 2015, the effect of which

will be to make the following changes –

 

Article 1 amends the provisions (in Article 3 of the General Order) as to when a person counts as resident in Jersey for the purpose of determining eligibility for a grant. The amendment reduces, from 5 years to one year, the required period of ordinary residence (for dependent students and their families, and for independent students), if the student (or a parent, in the case of a dependent student) has Entitled status under the Control of Housing and Work (Jersey) Law 2012.

 

Article 2 amends Article 18 of the General Order, which provides for when an award ends (normally after 3 years). The amendment provides for the suspension or deferral of a grant or allowance, when the course is suspended or deferred. The suspension or deferral cannot last more than 2 years. If the student resumes the course within 2 years, the grant or allowance may be reinstated (with the period of suspension or deferral not counted towards the 3 year time limit). If the student does not resume the course within the 2 years, then the grant or allowance may be withdrawn or stopped. The temporary suspension or deferral does not prevent the withdrawal or stopping of the grant or allowance for other reasons before the end of 2 years.

 

This Order will come into effect on 1st September 2015.

 

Reason(s) for Decision:

Article 1: It is considered that a person with Entitled status already has a close connection with the Island, and that this status, combined with a minimum period of ordinary residence of one year, is sufficient to determine eligibility for a grant.

Article 2: It is accepted there may be circumstances in which a student has legitimate grounds for seeking a deferral of grant payment. It would not be appropriate, however, for this grant to be available for an indefinite period, and the effect of this amendment is to allow for a grant or allowance to be deferred for up to two years.

 

Resource Implications:

There are no additional resource implications, as the changes can be met from the existing budget.

Action required:

Assistant Director, Policy and Strategy, to notify the Publications Editor at the States Greffe that the Order has been made and to request the Greffier of the States to arrange for the making of the Order to be notified to the States.

Signature:

 

 

Deputy Rod Bryans

Position:

Minister for Education, Sport and Culture

Date Signed:

 

Date of Decision (If different from Date Signed):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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