Capacity and Self-Determination (Miscellaneous Provisions and Prescribed Fees and Forms) (Amendment) Order 2020

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 28 April 2020:

Decision Reference: MD-HSS-2020-0026
Decision Summary Title:	Capacity and Self-Determination (Miscellaneous Provisions and Prescribed Fees and Forms)(Amendment) (Jersey) Order 2020		Date of Decision Summary:	27 April 2020
Decision Summary Author:	Mental Health & Capacity Law Administrator		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		People Giving Oral Report:	N/A
Written Report Title:	Capacity and Self-Determination (Miscellaneous Provisions and Prescribed Fees and Forms)(Amendment) (Jersey) Order 2020		Date of Written Report:	24 April 2020
Written Report Authors:	Legislative Drafter		Written Report : Public or Exempt?	Public
Subject: Capacity and Self-Determination (Miscellaneous Provisions and Prescribed Fees and Forms)(Amendment) (Jersey) Order 2020.
Decision(s): The Minister made the Capacity and Self-Determination (Miscellaneous Provisions and Prescribed Fees and Forms)(Amendment) (Jersey) Order 2020.
Reason(s) for Decision: The Order is amended following feedback from users and consultation with members of the Judicial Greffe, Viscount’s Department and Health & Community Services as follows:- (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; (c) Set the 10 day prescribed period prescribed for the purpose of Paragraph 5(1)(b) of the Schedule to the CSDL; (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.
Action required: The Minister’s Private Secretary will advise the Greffier of the States and the Health and Social Security Scrutiny Panel.
Signature:		Position: Minister for Health and Social Services
Date Signed:		Date of Decision: (if different from date signed).