Health and Social Services Capacity and Self-Determination (Miscellaneous Provisions and Prescribed Fees and Forms) (Jersey) Order 2018: Amendment: 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.

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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

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A decision made on 21 February 2020

Decision Reference: MD-HSS-2020-0006

Decision Summary Title:

Health and Social Services – Capacity and Self-Determination (Miscellaneous Provisions and Prescribed Fees and Forms) (Jersey) Order 2018 – amendment

Date of Decision Summary:

17 February 2020

Decision Summary Author:

Mental Health Law Administrator

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Oral & written

People Giving

Oral Report:

Mental Health Law Administrator & Assistant Registrar, Probate and Protection

Written Report

Title:

Capacity and Self-Determination (Miscellaneous Provisions and Prescribed Fees and Forms) (Jersey) Order 2018 amendment report

Date of Written Report:

17 February 2020

Written Report Authors:

Mental Health Law Administrator &

Assistant Registrar, Probate and Protection

Written Report :

Public or Exempt?

Public

Subject: Health and Social Services – Capacity and Self-Determination (Miscellaneous Provisions and Prescribed Fees and Forms) (Jersey) Order 2018 – amendment.

Decision(s): The Minister authorised officials to submit law drafting instructions for preparation of the necessary amendments to the 2018 Order (as explained further in the attached Report) to the Legislative Drafting Office, and to undertake all other actions associated with the proposed amendment to the 2018 Order.

Reason(s) for Decision:

The amendments required to the Order, following feedback from users and consultation with members of the Judicial Greffe, Viscount’s Department and Health & Community Services, are:-

(a) To clarify the witnessing requirements of the signature by P and A;

(b) To add Members of the clergy to the prescribed list of individuals able to witness the signature of P;

(d) To amend the LPA application form and instrument (Article 11 of the 2018 Order);

(e) To remove and unprescribe Form 1 detailed in Article 11(2) of the 2018 Order;

(f) To replace the current Form 2 with an improved letter to the donor, copying in all attorneys, acknowledging an application for a LPA is in process;

(g) To replace the current Form 3 with four new Forms – two to P (the donor) enclosing the registered LPA and two to A (all attorneys and replacement attorneys) informing them of a registered LPA; and

(h) That an additional attestation to P (the donor) and A’s (the attorney and replacement attorneys) execution requirements on the LPA application form. This shall be a form of self-declaration as to the attorney being a fit and proper person to act. This will apply in the case of both individual and corporate attorneys.

Resource Implications: None

Action required: The instructions to be sent to the Legislative Drafting Office requesting that the necessary amendments to the 2018 Order is prepared.

Signature:

Position:

Minister for Health and Social Services

Date Signed: { } 2020

Date of Decision: (if different from date signed).