Wireless Telegraphy (Licence Charges) (Amendment) Regulations

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (29.06.07) to approve the inclusion of Jersey within the Wireless Telegraphy (Licence Charges) (Amendment) Regulations.

Subject:	Economic Development - Wireless Telegraphy (Licence Charges) (Amendment) Regulations 2007
Decision Reference:	MD-E-2007-0129		Exempt clause(s):	n/a
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	Wireless Telegraphy (Licence Charges) (Amendment) Regulations 2007
Written report – Author (name and job title)	Dr Jason Lane – Director of Regulatory Services
Decision(s): The Minister approves the proposal to include Jersey within the forthcoming Wireless Telegraphy (Licence Charges) (Amendment) Regulations 2007 and authorises the United Kingdom authorities to finalise and make the relevant Regulations.
Reason(s) for decision: Under the Communications (Jersey) Order 2003, Ofcom has the responsibility for making regulations under the Wireless Telegraphy Act concerning licence charges. The Department considers that these proposals will not significantly impact upon local licence holders being most technical and administrative in nature and Ofcom also considers that the changes proposed are likely to have a limited impact on licensees. To give legal effect to these decisions, Ofcom must make regulations using its powers (exercisable by statutory instrument) under the Wireless Telegraphy Act 1998 “The 1998 Act” as amended by the Communications Act 2003, (“The 2003 Act”). To achieve this, Ofcom has requested an indication from the Insular Authorities that Jersey would wish to be included in the forthcoming regulations.
Action Required: i) Contact Melanie Cavey, Chief Minister’s Department, for follow-up to the Department for Constitutional Affairs, London. ii) Inform Richard Whitehead, Principal Legal Adviser, Law Officers Department, of the Minister’s approval.
Signature: Senator P.F.C.Ozouf (Minister)		Date of Decision: