Register of Names and Addresses (Register Entries) (Jersey) Regulations 201-: Draft: Lodged 'au Greffe'

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 4 March 2013:

Decision Reference: MD-C-2013-0019
Decision Summary Title :	Register of Names and Addresses (Register Entries) (Jersey) Regulations 201-, and Accompanying Report		Date of Decision Summary:	4th March 2013
Decision Summary Author:	Director, Corporate Policy		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 :	Register of Names and Addresses (Register Entries) (Jersey) Regulations 201-, and Accompanying Report		Date of Written Report:	4th March 2013
Written Report Author:	Director, Corporate Policy		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Approval of the following draft Regulations and Accompanying Report; Register of Names and Addresses (Register Entries) (Jersey) Regulations 201-, and Accompanying Report
Decision(s): The Assistant Minister, Chief Minister’s Department, approved the following draft Regulations and Accompanying Report: Register of Names and Addresses (Register Entries) (Jersey) Regulations 201-, and Accompanying Report The Assistant Minister, Chief Minister’s Department, further requested that the above mentioned Regulation and Accompanying Report be lodged au Greffe as soon as possible for debate as soon as possible.
Reason(s) for Decision: The Draft Register of Names and Addresses (Jersey) Law, 2012, was debated and adopted by the States in July, 2011 and Regulations are required to be adopted before the Law can be enacted.
Resource Implications: Nil
Action required: The Greffier of the States is requested to lodge ‘au Greffe’ the Regulations and Accompanying Report for debate at the earliest opportunity.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Report

These Regulations ensure that persons who have a registration card under the Control of Housing and Work (Jersey) Law, 201-, or in any event are resident for 3 months or more following the introduction of the Control of Housing and Work (Jersey) Law, 201-, are also entered on the Register of Names and Addresses under the Register of Names and Addresses (Jersey) Law 201-.

This closely aligns the Control of Housing and Work (Jersey) Law, 201- and Register of Names and Addresses (Jersey) Law 201-, such that the administration of the former Law supports the administration of the latter Law.

In this way, the Register of Names and Addresses, established under the Register of Names and Addresses (Jersey) Law 201-, is able to be maintained for the purposes as outlined in the Register of Names and Addresses (Jersey) Law 201-.

Specifically, these purposes are; the provision of services to customers by a public authority under any enactment, anything done by a public authority to enable or facilitate compliance with any duty under any enactment, or anything done by a public authority in consequence of a breach of an individual of any duty under any enactment, and other purposes as specified by Regulation, and for statistical purposes.

The Regulations also specify that copy information of a register entry may be provided, in particular; where the individual making the application for copy entries is authorised by the Minister to act for the individual in relation to whom the copy entries are sought, for example, the Matron of a Nursing Home seeking to confirm the correct records in relation to residents of that Nursing Home, or has parental responsibility for the person in relation to whom the copy entry is sought. In outlining this, it should be noted that the copy entry will contain limited data with reference to name, including title, date and place of birth, date of arrival in the Island, gender, and social security number, and no further information.

Financial and Manpower Implications

There are no financial or manpower implications arising from these regulations.