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Jersey Charity Register: Regulations

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 19 January 2018

Ministerial decision reference    MD-C-2018-0007 

Decision summary title  Draft Regulations to introduce the Jersey Charity Register

Decision summary author

Assistant Director of Social Policy

Is the decision summary public or exempt?  

Public

Report title  Draft Regulations to introduce the Jersey Charity Register

Report author or name of

person giving report

Assistant Director of Social Policy

Is the report public or exempt?

Public

Decision and reason for the decision

The Assistant Chief Minister with delegated responsibility of the Chief Minister, has decided to lodge ‘au Greffe’ the following draft regulations to enable the introduction of the Charity Register in Jersey.

In pursuance of Article 44 of the Charities (Jersey) Law 2014 (the “2014 Law”):

Charities (Jersey) Law 2014 (Appointed Day) Act 201- which brings into force all of the remaining provisions of the 2014 Law on 2 dates. The 1st May 2018 as the day on which entities can apply to register as charities and the 1st January 2019 when it also brings into force the provisions about changes to taxation and about the use of the expression ‘charity’.

In pursuance of Article 40 of the 2014 Law:

Charities (Transitional Provisions) (Jersey) Regulations 201- This enables entities that were entitled to the benefit of a tax exemption before the amendments, and applied for registration in 2018 (and had not had the application finally determined), to continue to receive that benefit until the end of the following tax year (31st December 2019). This enables entities to register in good time before the taxation amendments come into force.

In pursuance of Articles 11(3) and 39 of the 2014 Law:

The Charities (Core Financial Information) (Jersey) Regulations 201- which prescribe the core financial information that must be provided to the Jersey Charity Commissioner on an application for registration as a charity under the “2014 Law”.

In pursuance of Article 39 and paragraph 4(3) of Schedule 2 of the 2014 Law:

Charities (Tribunal- Restricted Section of Register) (Jersey) Regulations 201- which protect information about an applicant for registration on the restricted section of the register, when that applicant appeals against a decision of the Commissioner to refuse that registration.

Resource implications

There are no financial or manpower implications arising from this Ministerial Decision.

 

 

 

 

Action required

The Assistant Director is to request the Greffier of the States to arrange for the lodging ‘au Greffe’ of the draft regulations for debate by the States Assembly.

Signature

 

 

 

 

Position

 

Senator Paul Routier M.B.E

Assistant Chief Minister

 

 

 

Date signed

 

Effective date of the decision

 

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