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Bankruptcy (Desastre) (Jersey) Order 2006

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (26.06.06) to approve the Bankruptcy (Désastre) (Jersey) Order 2006.

Ministerial Decision

 

Subject:

Approval of the Bankruptcy (Désastre) (Jersey) Order 2006

Decision Reference:

MD-E-2006-0111

Exempt clause(s):

 

Type of Report:

(oral or written)

Written

Person Giving Report (if oral):

n/a

Telephone or

e-mail Meeting?

n/a

Report

File ref:

 

Written report – Title

Approval of the Bankruptcy (Désastre) (Jersey) Order 2006

Written report – Author

(name and job title)

Paul de Gruchy, Director Finance Industry Development

Decision(s):

To approve the Order, with a view to the provisions of the Order coming into force at the same time as the introduction of the Bankruptcy (Désastre) (Amendment No.5) (Jersey) Law.

Reason(s) for decision:

The Order is ancillary to the Bankruptcy (Désastre) Law and will come into force at the same time as Amendment No.5 to that Law, which is anticipated to come into force on 1 August 2006. The Order sets and updates out a number of matters in relation to the Bankruptcy Law that were previously included in Rules of Court. These are matters which are more appropriately made by Minister than by Rules of Court as they cover matters of policy, and the Order merely restates and where applicable updates these matters.

Action required:

Minister to sign, date and seal the Order and the Director, Finance Industry Development to notify the Assistant Greffier, Publications Editor, Departmental liaison officer and the law draftsman before forwarding the Order to the Greffe for archiving.

Signature:

Senator Philip Ozouf

(Minister)

Date of Decision:

 

 

 

 

 

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