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Petty Debts Court (Miscellaneous Amendments) (Jersey) Regulations 201-

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 10 October 2017:

MINISTERIAL DECISION REFERENCE:   MD-C-2017-0126 

DECISION SUMMARY TITLE:    Petty Debts Court (Miscellaneous Amendments) (Jersey) Regulations 201- Decision to lodge ‘au Greffe’

DECISION SUMMARY AUTHOR:

Executive Officer, Legislation Advisory Panel

IS THE DECISION SUMMARY PUBLIC OR EXEMPT?  

Public

REPORT TITLE:   Petty Debts Court (Miscellaneous Amendments) (Jersey) Regulations 201-

REPORT AUTHOR OR NAME OF PERSON GIVING REPORT: 

Legal Adviser, Law Officers’ Department

IS THE REPORT PUBLIC OR EXEMPT? 

Public

DECISION AND REASON FOR THE DECISION:

Further to a recommendation of the Legislation Advisory Panel, the Chief Minister approved for lodging ‘au Greffe’ the Draft Petty Debts Court (Miscellaneous Amendments) (Jersey) Regulations 201-

The Draft Regulations, if approved, would increase from £10,000 to £30,000 the maximum amount (net of any interest claimed) for which the Petty Debts Court would have jurisdiction in respect of a civil matter or cause. The Draft Regulations would also increase from £15,000 to £45,000 the maximum amount for which the Petty Debts Court would have jurisdiction in respect of a claim for the cancellation of a contract of lease of an immovable property or any interest in an immovable assessed annually at the time of the institution of the proceedings.

Furthermore, the Draft Regulations would increase from £10,000 to £30,000 the maximum amount that may be claimed in the Petty Debts Court by an owner of a house, building, or lands, in respect of the movable effects of a lessee situate on or removed from the premises which the lessee occupies, to be applied to the payment of the rent due and as guarantee for accruing rent, and increase from £10,000 to £30,000 the maximum amount that may be claimed in the Petty Debts Court against the property of a debtor in case of non-payment by the debtor of bills payable to bearer, bills of exchange or other instruments payable on presentation.

RESOURCE IMPLICATIONS:

The adoption of these draft Regulations will require the appointment of one additional part time relief magistrate to conduct mediations or trials of civil disputes as it is envisaged that the increase in jurisdiction will lead to additional and more complex claims than occur at present. This cost will be met out of the current budget of the Magistrate’s Court for the period of the present MTFP, including the stamp duty payable for disputes falling within the increase in jurisdiction.

ACTION REQUIRED:

The Executive Officer will notify the Greffier of the States of this Ministerial Decision and request that the Draft Regulations be lodged ‘au Greffe’ for debate by the States Assembly on the same date as the Draft Stamp Duties and Fees (No.4) (Jersey) Regulations 201-

SIGNATURE:

 

 

 

 

POSITION:

 

Senator Andrew Green M.B.E.

Deputy Chief Minister

 

DATE SIGNED:

EFFECTIVE DATE OF THE DECISION:

 

 

 

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