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States Employment Board - delegation of functions.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (13/08/2008) regarding: States Employment Board - delegation of functions.

Decision Reference: MD-C-2008-0019 

Decision Summary Title :

DS - States Employment Board – delegation of functions

Date of Decision Summary:

7 August 2008

Decision Summary Author:

M J Pinel – Head of Employee Relations

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 :

WR – Delegation of Functions

Date of Written Report:

1 May 2008

Written Report Author:

M J Pinel

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:

States Employment Board: delegation of functions

Decision(s):

With reference to R.26/2006 – Delegation of Functions – States Employment Board – presented by the Chief Minister to the States on 21st March, 2006, the Board decided on 1 May 2008 to delegate to the member of the Corporate Management Board with responsibility for a particular department or the relevant head of administration of the States in the case of non-executive department the Board’s responsibilities under Article 5 (1) of the Health and Safety at Work (Jersey) Law, 1989, in relation to persons other than employees.  This means that a Chief Officer / Head of Administration will have responsibility of ensuring the Health and Safety of all non-staff entering their departmental premises – e.g a member of the public, contractor, etc.

Reason(s) for Decision:

To enable responsibility under Article 5 (1) of the Health and Safety at Work (Jersey) Law, 1989 for the Health and Safety of persons, who are not States employees, who visit a States department or a non-executive department, to lie with the Chief Officer of that department who is already responsible for the Health and Safety of employees under the Law.

Resource Implications:

None

Action required:

Officers to forward the delegation of functions report to the Greffier of the States and Publications Editor to arrange for it to be presented to the States at a suitable opportunity.

Signature: 

Position: 

Date Signed: 

Date of Decision (If different from Date Signed): 

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