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Delegation of Authority in respect of Scheme of Delegation.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (21/11/2008) regarding: Delegation of Authority in respect of Scheme of Delegation.

Decision Reference:      MD-H-2008-0109

Decision Summary Title :

DS – Delegation of Authority in respect of Scheme of Delegation

Date of Decision Summary:

13th November 2008

Decision Summary Author:

Carl Mavity, Director of Estate Services

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

 

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

WR – Delegation of Authority in respect of Scheme of Delegation

Date of Written Report:

13th November 2008

Written Report Author:

Carl Mavity, Director of Estate Services

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:

To give delegated authority for the Accounting Officer to approve authorised signatories for the Department

Decision(s):

The Minister delegated authority for maintaining the Department’s scheme of delegation and authorised signatory lists.

Reason(s) for Decision:

A scheme of delegation is required in accordance with Financial Direction 5.7.  Updates are very regular and it is a more appropriate process for authority for additions, deletions and variations to the authorised signatory list to be delegated to the Department’s Accounting Officer.

Resource Implications:

Financial:  NIL

Action required:

Internal Policy and Process to be put in place and communicated to all staff. 

Signature: 

Position:

Minister

Date Signed: 

Date of Decision (If different from Date Signed): 

Delegation of Authority in respect of Scheme of Delegation.

DATE OF REPORT:-  6 th November 2008  
 

REPORT TO THE MINISTER OF HOUSING  

DELEGATION OF AUTHORITY – SCHEME OF DELEGATION  

Purpose of the Report  

To request approval for the delegation of the Ministers responsibility under Financial Direction 5.7 paragraph 5.12 which requires him to approve the Department’s scheme of delegation.  Part of this Scheme of Delegation is the Authorised Signatory List. 

Background  

With staff turnover at both the housing Department and at the Customer Service Centre (where most of the Department’s repair orders are raised) updates to the authorised signatory list are increasingly regular.  Each change requires the approval of the Minister and this is a necessarily slow process whilst reports and decision summaries are prepared and until complete it is not possible for the officer concerned to fully perform their duties.  It is also considered inappropriate to be imposing on the Minister for such minor administrative matters.

Recommendation  

That the Minister delegate authority for maintaining the Department’s scheme of delegation to the Accounting Officer and that the Accounting Officer then ensure that a Department Policy and supporting processes are prepared to ensure compliance with Financial Direction 5.7. 
 
 
 
 
 

REPORT DRAFTED BY………………………………………………………….

                                               Carl Mavity, Director of Estate Services   13th November 2008 
 
 

REPORT APPROVED BY………………………………………………………..

         Ian K Gallichan, Chief Officer                      13th November 2008 

 

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