Security Interests (Jersey) Law 2012: Order: Law drafting instructions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 6 February 2013:

Decision Reference: MD-E-2013-0026
Decision Summary Title:	Law drafting instructions for the drafting of an Order in relation to the Security Interests (Jersey) Law 2012		Date of Decision Summary:	5 February 2013
Decision Summary Author:	Director, Finance Industry Development		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title:	Law drafting instructions for the drafting of an Order in relation to the Security Interests (Jersey) Law 2012		Date of Written Report:	5 February 2013
Written Report Author:	Director, Finance Industry Development		Written Report : Public or Exempt?	Public
Subject: Law drafting instructions for the drafting of an Order in relation to the Security Interests (Jersey) Law 2012
Decision(s) The Minister approved that Law Drafting Instructions on the drafting of an Order in relation to the Security Interests (Jersey) Law 2012 be sent to the Law Draftsman’s office.
Reason(s) for Decision: The Security Interests (Jersey) Law 2012 (“the Law”) introduces the concept of perfection by registration for security interests and Assignment of Receivables in Jersey. This has previously not been possible under the Security Interests (Jersey) Law 1983. Registration is deal with in Part 8 of the Law. A Security Interests Register has now been constructed and will, in due course, be hosted by the Jersey Financial Services Commission. Article 92 of the Law gives the Minister a power to make Orders relating to the procedures, requirements, and other matters, in respect of the register and its operation. The Order will therefore be drafted to contain the relevant procedures and requirements for the operation of the Register.
Resource Implications: There are no additional financial or manpower implications for the States of Jersey.
Action required: The law drafting instructions are to be sent to the Law Draftsman’s Office.
Signature: Senator AJH Maclean		Position: Minister for Economic Development
Date Signed:		Date of Decision: