Government of Jersey

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 28 May 2010 regarding: Vehicle Emissions Duty - introduction on 1 September 2010.

Decision Reference: MD-T-2010-0052
Decision Summary Title :	Introduction of Vehicle Emissions Duty on 1 September 2010		Date of Decision Summary:	20 May 2010
Decision Summary Author:	Deputy Inspector of Motor Traffic		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Introduction of Vehicle Emissions Duty on 1 September 2010		Date of Written Report:	20 May 2010
Written Report Author:	Deputy Inspector of Motor Traffic		Written Report : Public or Exempt?	Public
Subject: Introduction of Vehicle Emissions Duty on 1 September 2010.
Decision(s): The Minister approved the amendments to the Motor Vehicle Registration (General Provisions) (Jersey) Order 1993.
Reason(s) for Decision: To enable Driver and Vehicle Standards to collect Vehicle Emissions Duty at date of first registration of a motor vehicle.
Resource Implications: None for DVS as Jersey Customs will arrange payment for DVS application forms and leaflets.
Action required: Deputy Inspector of Motor Traffic to liaise with Law Draftsman to produce amendment to the Motor Vehicle Registration (General Provisions) (Jersey) Order 1993.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Vehicle Emissions Duty - introduction on 1 September 2010

TRANSPORT AND TECHNICAL SERVICES DEPARTMENT

DVS UNIT

INTRODUCTION OF VEHICLE EMISSIONS DUTY ON 1 SEPTEMBER 2010

Purpose of the Report

To gain the approval of the Minister for Transport and Technical Services for some minor changes to the Motor Vehicle Registration (General Provisions) (Jersey) Order 1993.

Background

The States has agreed to the introduction of a Vehicle Emissions Duty (hereinafter called V.E.D.)

This duty is due to be paid at the event of a motor vehicle’s first registration at the Driver and Vehicle Standards Unit but can be prepaid at Jersey Customs along with any other Impots duties which may be levied.

Discussion

V.E.D. will be calculated by reference to the vehicle’s CO 2 emissions, or, in some cases, engine size.

At the moment CO 2 emissions are not recorded by DVS and the Motor Vehicle Registration (General Provisions) (Jersey) Order 1993 will require amending to allow capture of this CO 2 data.

The Application to Register a Motor Vehicle form prescribed in Schedule 3 of the said Order will require amending and I suggest, de-prescribing.

List of amendments required to the Motor Vehicle Registration (General Provisions) (Jersey) Order 1993 are:-

(I) Article 5 (a) – remove “the form in Schedule 3” and replace with “a form approved by the Minister for Transport and Technical Services”

(II) Article 5 (b) – add “(IV) payment of Vehicle Emissions Duty, Goods and Services Tax or Common Customs Tariff if due or proof such duty or duties due have been paid at Jersey Customs”

(III) Schedule 1 – add “24. CO2 g/Km”

(IV) Schedule 3 – remove all i.e. de-prescribe the form (this will save law drafting time in the future when amendments effected).

(V) With the de-prescription of the application form from Schedule 3, the form will still need to be approved by the Minister for Transport and Technical Services to reflect some changes Viz:-

(a) Add on the obverse “(31) CO2 g/Km”

(b) Add on the reverse “(31) CO2 data is only accepted from a V55/1 form, an EU Whole Vehicle Type Approval Certificate, a Type Approval Certificate issued by a national government of the EU, a Certificate of Conformity issued by a motor vehicle manufacturer or a motor vehicle registration certificate issued by a governmental vehicle registration department”

The changes to the Order suggested above will allow DVS to collect V.E.D., G.S.T. and Common Customs Tariff if the applicant when registering a motor vehicle has not already pre-paid any liability at Jersey Customs or is exempt from paying any of the duties.

In addition to the amendments to the Order shown above, DVS would like to include a few housekeeping amendments Viz:-

(I) In Article 5 (b) of the Order – add:-

“(V) in the case of an individual application, the applicant’s Jersey driving licence” – we have been asking for this for some years now to prove an applicant’s identity and to ensure residency to comply with Article 4 (a) of the Order.

“(VI) such documents as may be necessary to prove a motor vehicle’s ownership or bonafides” – we do sometimes receive unusual applications e.g. from a fork lift truck owner whose vehicle has been off the road for years, never been registered and has no vehicle registration documents to produce.

(II) On the obverse of the application add “(32) L or R hand drive”

There will be no resource implications for DVS as Customs will be paying for new application forms and publicity leaflets.

Recommendation

The Minister for Transport and Technical Services agrees to the eight amendments to the Motor Vehicle Registration (General Provisions) (Jersey) Order 1993 to enable V.E.D. to be collected at Driver and Vehicle Standards. The Minister also agrees to the three housekeeping changes to the said Order.

Reason(s) for Decision

To change the relevant legislation to allow DVS to collect Jersey Customs Duties at the event of a motor vehicle’s first registration in Jersey.

Action Required

Minister to agree the changes suggested in this report and the Deputy Inspector of Motor Traffic to liaise with the Law Draftsman to produce the draft amended Order to be made and signed by the Minister for Transport and Technical Services.

Written by:

Deputy Inspector of Motor Traffic

Approved by:

Acting Director of Transport, Transport and Technical Services

Reference:

Date:

CUST/EX/13/JBS/

20.5.2010