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Delegated Functions: Revision

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 27 April 2011:

Decision Reference:        MD-HSS-2011-0009

Decision Summary Title :

Pharmacy- Revision of Delegated Functions

Date of Decision Summary:

15 March 2011

Decision Summary Author:

 

Assistant Director Corporate Planning and Performance Management

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title :

Pharmacy- Revision of Delegated Functions

Date of Written Report:

17 February 2011

Written Report Author:

Chief Pharmacist

Written Report :

Public or Exempt?

 

Public

Subject:  Revision of functions delegated by the Minister under States of Jersey Law 2005, Article 28

 

Decision(s):  The Minister approved the revision of the delegated function within the Medicines (Health Professionals- Exemption)(Jersey) Order 2001 whereby the delegate is amended from the Chair of the Health and Social Services Governance Board to the Chair of the Health and Social Services Medicines Governance Committee

Reason(s) for decision: The Health and Social Services Medicines Governance Committee has assumed the role of medicines governance from the Health and Social Services Governance Board.

 

Resource Implications: None

 

Action required: To present to the States a report describing this change in delegated function

 

Signature:

 

 

Position:

Minister for Health and Social Services

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

Hide report
Delegated Functions: Revision

Legislation:

Misuse of Drugs (Jersey) Law 1978

Delegate:

Medical Officer of Health or, in her absence, her deputy.

Functions delegated:

Article 15 (1) (2) - to require a practitioner, pharmacist or person conducting a pharmacy business to furnish information in regard to specified drugs and to serve a notice to that effect.

Scope of delegation:

The information required should extend to particulars specified under the provisions of Article 15 (1) and (2) of the Law, including details of the prescription or supply of drugs, and details of the practitioners prescribing drugs.

Pharmacy- Revision of Delegated Functions- 17 February 2011

 

 

The following describes the updated schedule of delegated functions to the Chief Pharmacist.

 

CHIEF PHARMACIST

Legislation:

Misuse of Drugs (Jersey) Law 1978

Delegate:

Chief Pharmacist or nominated deputy.

Function delegated:

Article 4 (2) (b) - to issue a general licence to permit the importation or exportation of controlled drugs, as specified in the Second Schedule to the Law.

The delegate may attach any conditions he deems appropriate.

Scope of delegation:

Licences are to be issued only to registered pharmacies and the hospital pharmacy department.

Licences may be issued as renewals or to registered pharmacies which have not previously been licensed for this purpose.

The delegate may not refuse or revoke a licence, which should be considered by the Minister

The duration of any licence shall not exceed a period of three years.

The delegate may not issue a licence to himself.

 

Legislation:

Misuse of Drugs (Jersey) Law 1978

Delegate:

Chief Pharmacist or nominated deputy.

Function delegated:

Article 4 (2)(b) - to issue a licence to permit the importation or exportation of controlled drugs, as specified in the Second Schedule to the Law, to an individual in circumstances when the quantities to be importationed or exportationed is not covered byexceed those authorised by the provisions of the ‘Open General Licence’ for the time being approved by the Minister.

Scope of delegation:

Licences are to be issued only on the request of a prescribing doctor (or of a patient with the legality of importation or exportation verified by the doctor).

Licenses are to be issued to cover one importation and/or exportation only (i.e. one return journey).

Licences may also be issued to Police Officers and Customs and Immigration Officers at the request of a Senior Officer in the Service concerned

 

 

 

 

 

 

 

 

Legislation:

Misuse of Drugs (Jersey) Law 1978

Delegate:

Chief Pharmacist or nominated deputy.

Functions delegated:

Article 15(1) and 15(2) - to require a practitioner, pharmacist or person conducting a pharmacy business to furnish information in regard to specified drugs and to serve a notice to that effect.

Scope of delegation:

The information required should extend to particulars specified under the provisions of Article 15 (1) and (2) of the Law, including details of the prescription or supply of drugs, and details of the practitioners prescribing drugs.

 

 

Legislation:

Misuse of Drugs (Jersey) Law 1978

Delegate:

Chief Pharmacist or nominated deputy.

Function delegated:

Article 19(1) - to enter premises of a person carrying on a business as a producer or supplier of any controlled drugs and to demand the production of, and to inspect, any books or documents relating to dealings in any such drugs and to inspect any stocks of any such drugs.

 

Legislation:

Misuse of Drugs (General Provisions) (Jersey) Order 1989

Delegate:

Chief Pharmacist.

Functions delegated:

Article 26  – to act as an authorised person for activities in relation to the destruction of controlled drugs in accordance with the relevant provisions of Article 26 (1). (2) and (3)

 

 

 

 

Legislation:

Medicines (Jersey) Law 1995

Delegate:

Chief Pharmacist or nominated deputy.

Function delegated:

Articles 96 and 97 -– to enter any premises, to inspect, to take samples, to take copies of documents and to seize and detain substances or articles in accordance with the relevant provisions of Articles 96 (1), (2), (3) and 97 (1 to 8).

 

 

 

 

 

 

Legislation:

Pharmacy and Poisons (Jersey) Law 1952

Delegate:

Chief Pharmacist or nominated deputy.

Function delegated:

Article 17 (1) - to enter any registered premises, or the premises on which any person whose name is entered in the list kept in pursuance of Article 11 carries on business, or any premises in which he or she has reasonable cause to suspect that a breach of the provisions of this Law or of any Order has been committed, and , in any such case, he or she shall have power to make such examination and enquiry and to do such other things (including the taking, on payment therefore, of samples) as may be necessary for ascertaining whether the provisions are being complied with.

 

Legislation:

Medicines (Health Professionals – Exemption) (Jersey) Order 2001.

Delegate:

Chair of Health and Social Services Medicines Governance BoardCommittee.

Functions delegated:

Article 1(2) – to give a direction that a relevant health professional authorised by the department to do so may sell, supply or administer a medicinal product other than in accordance with Articles 51, 52 and 57(2) of the Medicines (Jersey) Law 1995.

Scope of delegation:

A direction may only be given in respect of a relevant health professional employed by the Health and Social Services Department.

The details of any direction must be approved by the Health and Social Services Medicines Governance Committee.

 

Paul McCabe- Chief Pharmacist

February 2011

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