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L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Extension of Delegated Powers.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (13/07/2007) regarding: Extension of delegated powers.

Subject:

Extension of delegated powers

Decision ref:

MD-PE-2007-0169

Exempt clause(s):

None

Type of report:

Written and oral

Report file ref:

3/28/04

Person giving report (if oral): Assistant Director: Policy and Projects

Written report – author: Assistant Director: Policy and Projects

Written Report Title: Extension of delegated powers

Decision(s): The Minister for Planning and Environment determined that the existing Delegation Agreement be extended to delegate authority for;

  1. the making of decisions related to the undertaking of an operation or change of use not amounting to development, at a Site of Special Interest, as required by Article 54(2)(a) of the Planning and Building (Jersey) Law 2002;
  2. the making of decisions related to works to a protected tree, as required by Article 61(1)(a) of the Planning and Building (Jersey) Law 2002;
  3. the making of decisions related to the disallowance of requests for the consideration of the protection of a building or site for inclusion on the Register of Buildings of Historical or Architectural Importance or the List of Sites of Special Interest.

And the Minister for Planning and Environment approved the revised Delegation Agreement attached at appendix 1.

Reason(s) for decision:

  1. The decision ensures that the provisions of the law, in discharging the Minister’s responsibilities, can be applied appropriately, expeditiously and efficiently.

Action required:

  1. To notify the Greffier of the States to enable the presentation of a report on the revised Delegation Agreement to the States;
  2. Notify staff

Signature:

Minister

Date of Decision:

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