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Taxation (Double Taxation) (Jersey) Regulations 2010: Amendment: Law drafting instructions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 23 March 2018:

MINISTERIAL DECISION REFERENCE:    MD-ER-2018-0009

DECISION SUMMARY TITLE:   Draft an Amendment to the Taxation (Double Taxation) (Jersey )Regulations 2010

DECISION SUMMARY AUTHOR:

Adviser – International Affairs

IS THE DECISION SUMMARY PUBLIC OR EXEMPT?  

Public

REPORT TITLE:   

REPORT AUTHOR OR NAME OF PERSON GIVING REPORT:  (if different from Decision  Summary Author)

 

IS THE REPORT PUBLIC OR EXEMPT?

Public

DECISION AND REASON FOR THE DECISION: 

The Minister for External Relations approved proposals for the Law Draftsman to prepare an Amendment to the Taxation (Double Taxation) (Jersey) Regulations 2010 to provide for the Schedule attached to the Regulations to be amended by Order in relation to the insertion of the name of the jurisdiction and its description. Under the present Regulations, while the date a DTA came into force can be inserted into the Schedule by Order this does not apply to the name of the jurisdiction or its description which can only be inserted through an amendment to the Regulations. The proposed amendment if approved will enable all changes to the Schedule to be made by Order which will facilitate what are administrative changes to the Schedule that follow on from the ratification of the DTA by the States Assembly.

RESOURCE IMPLICATIONS: 

There are no financial or manpower implications arising from the law drafting instructions.

 

ACTION REQUIRED:

The Minister for External Relations requests the Law Draftsman to prepare an Amendment to the Taxation (Double Taxation) (Jersey) Regulations 2010 in accordance with drafting instructions to be provided by the Adviser –International Affairs.

SIGNATURE:

 

 

SENATOR SIR PHILIP BAILHACHE

POSITION:

 

 

MINISTER FOR EXTERNAL RELATIONS

 

 

DATE SIGNED

EFFECTIVE DATE OF THE DECISION

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