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Draft Air and Sea Ports (Incorporation) (Jersey) Law 201- (Appointed Day) Act 201-: 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 30 June 2015:

Ministerial decision reference    MD-C-2015-0075

Decision summary title  Draft Air and Sea Ports (Incorporation) (Jersey) Law 201-, development of Appointed Day Act

Decision summary author

Strategy Manager, EDD

Is the decision summary public or exempt?  

Public

Report title  Draft Air and Sea Ports (Incorporation) (Jersey) Law 201-, ADA

Report author or name of

person giving report

Strategy Manager, EDD

Is the report public or exempt?

Public

Decision and reason for the decision

The Chief Minister approves the development of an Appointed Day Act (ADA) to bring the draft Air and Sea Ports (Incorporation) (Jersey) Law 201- into force in two sections.

 

The Air and Sea Ports Law requires the ADA to come into force and have legal effect. This requires some careful choreography to avoid unforeseen events – for instance the new company ‘Ports of Jersey Limited’ must have its legal powers and duties applied simultaneously with the transfer of property, assets and staff, and this must take place after transfer Regulations have been made, but simultaneously with them coming into force. Conversely, those Regulations rely on certain provisions of the Air and Sea Ports Law, so these must already being in force when the Regulations are debated.

Resource implications

There are no direct resource implications for the States. The incorporation will represent an indirect benefit in resource terms.

Action required

Officers to pass the Decision as above and report to the Law Draftsman’s Office for action.

Signature

 

 

 

Position

Senator I J Gorst

Chief Minister

 

Date signed

 

Effective date of the decision

 

 

 

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