States of Jersey Police (Transitional Provisions) (Jersey) Order 2014

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 27 May 2014:

Decision Reference: MD-HA-2014-0041
Decision Summary Title :	States of Jersey Police Force (Transitional Provisions) (Jersey) Order 201-		Date of Decision Summary:	15 May 2014
Decision Summary Author:	Executive Officer Home Affairs		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 :	States of Jersey Police Force (Transitional Provisions) (Jersey) Order 201- Report		Date of Written Report:	15 May 2014
Written Report Author:	Executive Officer Home Affairs		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: States of Jersey Police Force (Transitional Provisions) (Jersey) Order 201-.
Decision(s): The Minister made the States of Jersey Police Force (Transitional Provisions) (Jersey) Order 201-
Reason(s) for Decision: The Transitional Provisions Order provides for the Regulations made under Article 9 of the Police Force (Jersey) Law 1974 to be treated as if they remain in force until such time as Regulations under Article 9 of the States of Jersey Police Force Law 2012 (‘the 2012 Law’) come into force. It also allows the provisions of the Police Force (General Provisions) (Jersey) Order 1974 Law to be treated as of they remain in force until such time as an Order is made under Article 10 of the 2012 Law; and provides for the provisions of the Police Force (Disposal of Property) (Jersey) (Regulations) 1975 to be treated as if they continue to apply to the States of Jersey Police until such time as an Order is made under Article 28 of the 2012 Law.
Resource Implications: Nil
Action required: Executive Officer, Home Affairs, to notify the Publications Editor at the States Greffe that the Order has been made and to request the Greffier of the States to arrange for the making of the Order to be notified to the States.
Signature:		Position: Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed):

States of Jersey Police (Transitional Provisions) (Jersey) Order 2014

States of Jersey Police Force (Transitional Provisions) (Jersey) Order 201-

Report

Those Articles of the States of Jersey Police Force Law 2012 (‘the 2012 Law’) that did not come into force on 24 July 2013 by virtue of the first Appointed Day Act, will be brought into force on 1 August 2014 by virtue of the Appointed Day Act (No.2).

Under Article 9 of the 2012 Law Regulations can be made relating to the appointment, suspension and dismissal of the Chief Officer and the appointment of the Deputy Chief Officer. These Regulations have not yet been drafted so the draft Transitional Provisions Order provides that until such time as the Regulations come into force, the provisions relating to these matters, which are contained in Article 9 of the Police Force (Jersey) Law 1974 (‘the 1974 Law’) will be treated as if they continue to remain in force, notwithstanding the repeal of Article 9 of the 1974 Law by the 2012 Law.

Under Article 10 of the 2012 Law, the Minister may make an Order relating to the appointment of police officers and the promotion of police officers. Under Article 13 of the 2012 Law the Minister may make an Order relating to the conduct of police officers; the duties of police officers; the standard of performance required of police officers and the evaluation of that performance; the issue of clothing and equipment and the use of equipment. However, until such time as these Orders come into force, the Transitional Provisions Order provides that the provisions of the Police Force (General Provisions) (Jersey) Order 1974 that were made pursuant to Article 8 of the 1974 Law shall remain in force until such time as an Order made under Articles 10 and 13 of the 2012 Law comes into force.

Under Article 28 of the 2012 Law, the Minister may make an Order relating to the disposal of property that comes into the possession of the police where the owner cannot be ascertained or found. This Order has not yet come into force, so the Transitional Provisions Order provides for the Police Force (Disposal of Property) (Jersey) Regulations 1975, made under Article 20 of the 1974 Law will continue to apply to the States of Jersey Police until the Order does come into force, notwithstanding the amendment to Article 20 of the 1974 Law by the 2012 Law so that it will only apply to the Honorary Police.