Employment Agencies (Registration) Law

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.

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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
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A decision made (09.02.07) to delegate certain powers relating to the registration of Employment Agencies.

Subject:	Employment Agencies (Registration) (Jersey) Law 1969 Delegated Powers
Decision Reference:	MD-S-2007-0007		Exempt clause(s):	n/a
Type of Report: (oral or written)	Written		Person Giving Report (if oral):	David Rose
Telephone or e-mail Meeting?	n/a		Report File ref:	4/4
Written report – Title	Employment Agencies (Registration) (Jersey) Law 1969 Delegated Powers
Written report – Author (name and job title)	David Rose Customer Services Director
Decision(s): The Minister approved the delegation of statutory authority that operates the registration of Employment Agencies and the issuing of certificates under Articles 3 and 6 of the Employment Agencies (Registration) (Jersey) Law 1969 to David Rose, Customer Services Director.
Reason(s) for decision: Role and function of Articles 3 and 6 of legislation are largely administrative in nature, appropriate to duties being undertaken by a Director, to ensure cost effective operation.
Action required: Controller to notify David Rose of his delegated responsibility. Present the delegated authority to the States of Jersey as a written report.
Signature: (Minister/ Assistant Minister)		Date of Decision: 26 January 2007

Employment Agencies (Registration) Law - Delegated powers

Report for Ministerial Decision

Employment Agencies (Registration) ( Jersey ) Law 1969

Delegated Powers

Introduction

The administration of the Employment Agencies (Registration) (Jersey) Law 1969 (the Law) is the responsibility of the Minister for Social Security. This Law requires a system of registration and certification of persons and bodies corporate carrying on the business of an Employment Agency and enables a Code of Conduct in respect of connected matters. A copy of the Law is attached.

Registration and Certification

Article 3 of the Law requires that all person’s or bodies corporate wishing to operate as an Employment Agency must register with the Minister and comply with provisions of the Law. An Employment Agency wishing to operate in the Island must apply to the Minister in the prescribed manner and pay a registration fee of £125 each year. Subject to the requirements of the Law being satisfied the Minister is required to register the person or body corporate as an Employment Agency and issue a Certificate of Registration.

Registration, and therefore the authority to operate in the Island as an Employment Agency, lasts for one calendar year. Annually, in January of each year the Minister is required to reregister Employment Agencies and issue an up to date certificate. Certificates must be displayed in a prominent position in the premises of the Employment Agency under the provisions of Article 7 of the Law.

In the main, application of the Law is an administrative matter and it is therefore suggested that delegated powers be granted by the Minister to Mr David Rose, Customer Services Director, in respect of Article 3 of the Law (Registration of Employment Agencies) and Article 6 of the Law (The Issuing of Certificates). All other matters relating to the Law where the attention of the Minister is required (such as the refusal or revocation of registration) would continue to be a matter for the Minister’s consideration.

Recommendation

It is recommended that the Minister for Social Security delegate the authority to register Employment Agencies and issue Certificates of Registration under provisions of Article 3 and Article 6 of the Employment Agencies (Registration) (Jersey) Law 1969 to David Rose, Customer Services Director of the Social Security Department.