Housing Department: Delegation of Functions

Information about the publication of Ministerial Decisions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 28 November 2011 regarding:

Decision Reference: MD-H-2011-0112
Decision Summary Title :	DS – Delegation of Functions November 2011		Date of Decision Summary:	25th November 2011
Decision Summary Author:	Director of Strategic Development		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 March 2011		Date of Written Report:	25th November 2011
Written Report Author:	Director of Strategic Development		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Housing Department - Delegation of Functions in accordance with Article 28 of the States of Jersey Law 2005
Decision(s): The Minister:- 1. In pursuance of Article 28(1)(a) of the States of Jersey Law 2005, delegated all powers and functions in respect of the Housing Department, including all other areas where the Minister would otherwise have to act and be advised, to his Assistant Minister, Connétable John Martin Refault, of St Peter, for any periods when he is unavailable or out of the Island. 2. In pursuance of Article 28(1)(b) of the States of Jersey Law 2005, delegated to the Chief Officer of Housing the following delegated powers with immediate effect. (a) Sales of property to States tenants in accordance with P.6/2007, the Social Housing Property Plan 2007 – 2016. Function delegated – the power to approve the sale price and purchaser, in accordance with HD20 Allocations Policy for Sales and HD22 Valuation Policy for Sales. (b) Open market sales in accordance with P.6/2007, the Social Housing Property Plan 2007 – 2016. Function delegated – the power to approve the sale price and purchaser, in accordance with P6/2007 and HD22 Valuation Policy for Sales. (c) Evictions of States tenants due to rent arrears or other breaches of the Tenancy Agreement. Function delegated – the power to agree to the eviction of States tenants where a breach of the tenancy agreement can be evidenced. (d) Increases in non-social rented charges and fees, specifically those associated with Paid Parking and Garage lettings. Function delegated – specifically the power to increase those charges in line with the requirements of Financial Direction 4.1 (e) Scheme of Delegation Function delegated - The Minister delegated authority for maintaining the Department’s scheme of delegation in respect of entering into contracts and authorised signatory lists to the Accounting Officer of the Housing Department. Instructed that his decision be presented to the States as part of the ‘R’ series of reports. Instructed that the report presented to the States should supersede R39/2011
Reason(s) for Decision: To ensure that delegated functions are recorded in accordance with the States of Jersey Law 2005
Resource Implications: None
Action required: Report to be presented to the States as part of the ‘R’ series of reports.
Signature:		Position: MINISTER
Date Signed		Date of Decision (If different from Date Signed):