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Health and Safety at Work (Lifts) (Jersey) Regulations, 1990: Certificate of Exemption for Lift: 10 Hill Street, St. Helier

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 2013:

Decision Reference: MD-S-2013-0018

Decision Summary Title :

Health and Safety at Work (Lifts) (Jersey) Regulations, 1990.

Date of Decision Summary:

28th February 2013

Decision Summary Author:

 

Director of Health and Safety

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title :

Health and Safety at Work (Lifts) (Jersey) Regulations, 1990.

Date of Written Report:

28th February 2013

Written Report Author:

Director of Health and Safety

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:  Application for certificate of exemption for lift installed at 10 Hill Street, St Helier

Decision(s):

In accordance with Regulation 9 of the Health and Safety at Work (Lifts) (Jersey) Regulations, 1990, the Minister granted an exemption from the requirements of Regulation 8(d) of the Health and Safety at Work (Lifts) (Jersey) Regulations, 1990, in respect of the fitting of an overspeed governor to the lift installation at 10 Hill Street, St Helier.

Reason(s) for Decision:

The Minister is satisfied that it is not reasonably practicable for the lift to comply with the requirements of Regulation 8(d).  The exemption is granted subject to a condition that the lift installation is subjected to any supplementary examinations as may be deemed necessary by the competent person carrying out a thorough examination of the lift installation, required under Regulation 4(1).

Resource Implications:

There are no implications for the financial or manpower resources of the States.

Action required:

Hambelton Properties Limited, the Company with responsibility for the lift installation, is to be advised of the granting of the exemption.

Signature:

 

 

Position:

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

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