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

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.

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  • 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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (05/02/2009) regarding: Home Affairs Minister - Delegation of Functions.

Decision Reference:                        MD-HA-2009-0005

Decision Summary Title :

HA Minister – Delegation of Functions

Date of Decision Summary:

22 January 2009

Decision Summary Author:

Heidi Sydor

Executive Officer

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

Steven Austin-Vautier

Chief Officer

Written Report

Title :

Delegation of Functions

Date of Written Report:

19 January 2009

Written Report Author:

Heidi Sydor

Executive Officer

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:

Home Affairs Minister - Delegation of Functions

Decision(s): 

The Minister approved the delegation of functions to the Assistant Minister, Home Affairs and to Department Heads across the Home Affairs Department.

Reason(s) for Decision: 

The Minister has reviewed and updated the existing delegations across the Home Affairs Department. This decision supersedes all previous delegations.

Resource Implications: 

There are no resource implications associated with this decision.

Action required: 

The Executive Officer, Home Affairs to request the Greffier of the States to present the Statement to the States as a Report and to inform delegates of the decision. In addition, notification to be given to the Chief Minister’s Department for inclusion of the relevant information on the central register of delegations.

Signature: 

Position:

Minister for Home Affairs

Date Signed: 

Date of Decision (If different from Date Signed): 

Hide report
Delegation of Functions.

Home Affairs Department

Subject:

DELEGATED FUNCTIONS

Exempt Clause:

N/A

Date:

19 January 2009

 

 

Author:

Heidi Sydor - Executive Officer, Home Affairs

 
 

In pursuance of Article 36A of the States of Jersey Law, 1966, as amended, the Defence and Home Affairs Committees have previously delegated certain functions.  The following delegations to Departmental Chief Officers/Heads of Department are, therefore, recommended in accordance with Article 28 of the States of Jersey Law 2005 (revised edition). 

Home Affairs 

Legislation:

Explosives (Jersey) Law 1970

 

 

Delegate:

Chief Officer, Home Affairs Department

 

 

Function delegated:

Issuing of licences under this piece of legislation.

 

 

Scope of delegation:

Notification to be submitted to the Minister for Home Affairs at the earliest opportunity

 

Legislation:

Firearms (Jersey) Law 2000

 

 

Delegate:

Chief Officer, Home Affairs Department

 

 

Function delegated:

Responsibility for signing the certificates of registration as firearms dealers.

 

 

Scope of delegation:

The issue of certificates under a Ministerial decision to authorise the Firearm dealer applicants.

 

Finance – HAD 

Legislation:

Public Finances (Jersey) Law 2005 - Financial Direction 3.6 – variations to Heads of Expenditure

 

 

Delegate:

Accounting Officer Home Affairs Department or, in his absence, Finance Director HAD.

 

 

Function delegated:

Approval of future non-contentious budget transfers of up to £100,000.

 

 

Scope of delegation:

Up to £100, 000 for non-contentious budget transfers

 
 

Legislation:

Public Finances (Jersey) Law 2005 - Financial Direction 5.7 – Purchasing of Goods & Services

 

 

Delegate:

Accounting Officer Home Affairs Department or, in his absence, Finance Director HAD.

 

 

Function delegated:

Any changes to existing spending powers and new spending powers.

 

 

Scope of delegation:

Delegates spending powers and the ability to sign off contracts.

 
 

Customs and Immigration Department 
 

Legislation:

Immigration (Work Permit) (Jersey) Rules 1995

 

 

Delegate:

The Head of the Customs and Immigration Service or, deputising for him, the Director Legal Status & Revenue or the Assistant Director Immigration Casework & Nationality.

 

 

Function delegated:

The consideration of applications for work permits under the Immigration (Work Permits) (Jersey) Rules 1995, and their approval or rejection.

 

 

Scope of delegation:

The issue of work permits to persons who do not have the right of abode in the Bailiwick.

 
 

 

Legislation:

Customs and Excise (Import and Export Control) (Jersey) Order 2006

 

 

Delegate:

Agent of the Impôts (The Head of the Customs and Immigration Service)

 

 

Function delegated:

Delegation of the power to grant a licence to import and/or export goods under Article 4 of the Customs and Excise (Import and Export Control) (Jersey) Order 2006 to the Agent of the Impôts

 

 

Scope of delegation:

This controls imports and/or exports by setting a licensing regime for restricted goods.

 
 
 
 
 
 

States of Jersey Fire and Rescue Service 

Legislation:

Fire Precautions (Jersey) Law 1977, as amended.

 

 

Delegate:

The Chief Fire Officer or, in his absence the Divisional Officer in temporary command of the Service, or the Senior Fire Safety Officer

 

 

Function delegated:

The issuing of fire certificates

 

 

Scope of delegation:

 

 

Legislation:

Fire Service (Jersey) Law 1959, as amended.  Article 5

 

 

Delegate:

The Chief Fire Officer or, in his absence Deputy Chief Fire Officer in temporary command of the Service

 

 

Function delegated:

The power to make an agreement with another fire authority whereby there will, on request, be placed at the Minister’s disposal, members of that authority’s fire brigade for the purpose of enabling the Fire Service to meet any special demands on its services.

 

 

Scope of delegation:

Notification of agreement to be submitted to the Minister for Home Affairs as soon as possible.

 

Legislation:

Fire Service (Jersey) Law 1959, Article 6(c)

 

 

Delegate:

The Chief Fire Officer

 

 

Function delegated:

To determine the scale of charges for the employment of Fire Service personnel and equipment for purposes other than fire fighting.

 

 

Scope of delegation:

Notification of charges to be advised to the Minister for Home Affairs as soon as practicable.

 

Legislation:

Fire Precautions (Jersey) Law 1977

 

 

Delegate:

The Chief Fire Officer or, in his absence, Deputy Chief Fire Officer. in temporary command of the Service

 

 

Function delegated:

Where the Chief Fire Officer, or the Divisional Officer in temporary command of the Service, is satisfied that the risk to persons in case of fire is so serious that, until steps have been taken to reduce the risk to a reasonable level, the use of the premises be prohibited or restricted.

 

 

Scope of delegation:

Notification of any prohibitions or restrictions to be advised to the HA Minister as soon as possible.

States of Jersey Police 

Legislation:

Police Force (Jersey) Law 1974, as amended, Article 3(5)

 

 

Delegate:

The Chief Officer, States of Jersey Police or in his absence, the Deputy Chief Officer.

 

 

Function delegated:

The power to make an agreement with a Police Force in any other part of the British Islands for members of that Force to be placed at the disposal of the Minister.

 

 

Scope of delegation:

This agreement would enable the States of Jersey Police to meet any special demands on its resources and, in any such case, those Officers would, during any period of duty in the Island, carry out the duties and possess the powers and privileges of a Police Officer.  Notification of appointments to be submitted to the HA Minister.

 
 

Legislation:

Police Force (General Provisions) (Jersey) Order 1974, as amended, Article 4.

 

 

Delegate:

The Chief Officer, States of Jersey Police or in his absence, the Deputy Chief Officer.

 

 

Function delegated:

The power to extend, reduce or dispense with the two year period of probation for police constables.

 

 

Scope of delegation:

 

 
 

Legislation:

Police Force (General Provisions) (Jersey) Order 1974, as amended, Articles 2 and 5(1).

 

 

Delegate:

The Chief Officer, States of Jersey Police or in his absence, the Deputy Chief Officer.

 

 

Function delegated:

The appointment under Article 2 of candidates to the States of Jersey Police Force.  The making of promotions under Article 5(1), both temporary and permanent, up to and including the rank of Chief Inspector in the States of Jersey Police Force, on the recommendation of the Chief Officer, SoJP.

 

 

Scope of delegation:

The selection and appointment to the States of Jersey Police Force in accordance with the requirements of Articles 2, 3 and 4 of the Police Force (General Provisions) (Jersey) Order 1974, as amended.  Notification of appointments to be submitted to the HA Minister as soon as practicable.

 
 
 

Prison Service 

Legislation:

Prison (Jersey) Rules 1957, as amended, Rule 26

 

 

Delegate:

The Prison Governor

 

 

Function delegated:

The power to grant to a prisoner, on the ground of their industry and good conduct, remission of a portion of such term, not exceeding one third of the whole.

 

 

Scope of delegation:

Provided that nothing in Rule 27 of the Prison (Jersey) Rules 1957 should authorize the reduction of any term of imprisonment to a period less than five days.

 

Legislation:

Prison (Jersey) Rules 1957, as amended, Rule 78

 

 

Delegate:

The Prison Governor

 

 

Function delegated:

The power to allow prisoners to be temporarily released from HM Prison, La Moye, and to recall them to prison.

 

 

Scope of delegation:

Notification to be submitted to the Minister for Home Affairs at the earliest opportunity.

 

Legislation:

Prison Officers (Jersey) Regulations 1957, Regulation 17

 

 

Delegate:

The Prison Governor

 

 

Function delegated:

Where an offence against discipline has been committed by a Prison Officer, to grant power in pursuance of Regulation 17, to either:

 

(1)(a)

Dismiss him

 

(b)

Require him to resign forthwith, or at such date as may be determined (as an alternative to dismissal);

 

(c)

Reduce his rate of pay (without reduction in rank) for a limited, definite period not exceeding 12 months.  At the end of that period the Officer shall be advanced to the rate of pay to which he would have been entitled but for the punishment awarded to him, unless the period of reduction had, in the meantime, been extended by way of punishment for a further offence against discipline;

 

(d)

Reduce him in rank;

 

(e)

Reprimand him; or

 

(f)

Caution him as to his future behaviour.

 

(2)

Every punishment, except a caution, shall be entered in the Officer’s personal record to be kept in pursuance of Regulation 23 of these Regulations.

 

 

 

Scope of delegation:

Notification to be submitted to the Minister for Home Affairs at the earliest opportunity of all hearings leading to discipline covered by (1)(a) to (d) above.

 

Legislation:

Prison (Jersey) Rules 2007,  Rule 64

 

 

Delegate:

The Prison Governor

 

 

Function delegated:

The authority for the Prison Governor to approve temporary release for compassionate reasons away from Jersey.

 

 

Scope of delegation:

Notification to be submitted to the Minister for Home Affairs at the earliest opportunity.

 

Legislation:

Prison (Jersey) Rules 2007,  Rule 67

 

 

Delegate:

The Assistant Minister for Home Affairs

 

 

Function delegated:

The power to extend the order removing a prisoner from associating with other prisoners as prescribed by the Prison Governor, or to renew the order as prescribed by the Prison Governor.

 

 

Scope of delegation:

Notification to be submitted to the Minister for Home Affairs at the earliest opportunity.

 

Legislation:

Prison (Jersey) Rules 2007,  Rule 71(3) (b)

 

 

Delegate:

The Assistant Minister for Home Affairs

 

 

Function delegated:

The power to extend the period of restraint for a prisoner in writing for more than 24 hours.

 

 

Scope of delegation:

Notification to be submitted to the Minister for Home Affairs at the earliest opportunity.

 

Legislation:

Prison (Jersey) Rules 2007,  Rule 82(3)

 

 

Delegate:

The Assistant Minister for Home Affairs

 

 

Function delegated:

The power to give written authority for Removal from Association pending the preparation of a report under Rule 81, and to renew that authority month by month.

 

 

Scope of delegation:

Notification to be submitted to the Minister for Home Affairs at the earliest opportunity.

 
 

Legislation:

Prison (Jersey) Rules 2007,  Rule 100(3)

 

 

Delegate:

The Assistant Minister for Home Affairs

 

 

Function delegated:

The power to consider and respond to complaints received within the stipulated time period

 

 

Scope of delegation:

Notification to be submitted to the Minister for Home Affairs at the earliest opportunity.

 

Legislation:

Prison (Jersey) Rules 2007,  Rule 101(5)

 

 

Delegate:

The Assistant Minister for Home Affairs

 

 

Function delegated:

The power to consider and respond to complaints against the Prison Governor within the stipulated time period

 

 

Scope of delegation:

Notification to be submitted to the Minister for Home Affairs at the earliest opportunity.

 
 

19 January 2009

 

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