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Cremations (Jersey) Regulations 1961: Appointment of persons for the purposes of registering cremations

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 30 November 2020

Decision Reference:       MD-HSS-2020-0088

Decision Summary Title :

Appointment of persons under Article 13 of Cremations (Jersey) Regulations 1961 for purposes of registering cremations

Date of Decision Summary:

30 November 2020

Decision Summary Author:

 

Claire Follain, Superintendent Registrar

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title :

Crematorium appointment

Date of Written Report:

28 November 2020

Written Report Author:

Claire Follain, Superintendent Registrar

Written Report:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:   Appointment of persons under Article 13 of Cremations (Jersey) Regulations 1961

 

Decision(s):  To appoint additional persons for the purpose of registering cremations, as required under Article 13 of Cremations (Jersey) Regulations 1961

 

Reason(s) for decision: To enable registration of cremations within statutory requirements

 

Resource implications: None

 

Action required: To appoint Claire Follain, Richard Langlois, Joanna Falla and Christina Jarvis as persons for the purposes of registering cremations under Article 13 of the Cremations (Jersey) Regulations 1961

 

Signature:

 

 

Position:

Minister for Health and Social Services

 

Date Signed:

Date of Decision (If different from Date Signed):

 

Cremations (Jersey) Regulations 1961: Appointment of persons for purposes of registering cremations

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Health and Social Services Department

Ministerial Briefing Note

 

Appointment of Superintendent of Crematorium

 

 

To: Richard Renouf, Minister for Health and Social Services

Ian Burns, Director General, Customer & Local Services

 

From:  Claire Follain, Superintendent Registrar

 

Date:  28.11.2020

 

Subject: Appointment of persons under Art 13 of Cremations (Jersey) Regulations 1961 for the purposes of registering cremations

 

 

Article 2 Cremation (Jersey) Regulations 1961

The control and administration of the crematorium shall be vested in the Minister.

 

Article 3 Cremation (Jersey) Regulations 1961

         Maintenance of crematorium

The Minister shall take such steps as may be necessary to ensure that the crematorium is at all times 

(a)     maintained in good working order;

(b)     provided with a sufficient number of attendants; and

(c)     kept in a clean and orderly condition.

 

Article 13 Cremation (Jersey Regulations) 1961

 

 Registration of Cremations

(1)  A register of all cremations carried out at the crematorium, in the form set out in Schedule 7, shall be kept at the crematorium, and, as soon as may be after a cremation has taken place, the cremation shall be registered by a person appointed by the Minister for that purpose and a copy of the entry in the register shall be delivered to the Superintendent Registrar

 

The above articles vests control and administration of the crematorium with the Minister, the duty to ensure that the crematorium is sufficiently staffed, as well as the power to appoint a person for the purpose of registering cremations.

 

  1. Reason for report:

 

The crematorium (having previously been part of the Health and Social Services department) is now part of the Customer and Local Services department.

 

The Superintendent Registrar is the line manager for the crematorium.

 

Ministerial responsibility for the crematorium remains with the Minister of Health and Social Services.

 

The Minister is responsible under Article 3(b) of the Cremations (Jersey) Regulations 1961 to ensure that at all times there are sufficient numbers of attendants at the crematorium.

 

Under Article 13 of the Cremations (Jersey) Law 1961, registration of cremations must take place as soon as may be after a cremation has taken place.

 

For reasons of administrative resilience, the crematorium requires additional persons to fulfil the function of registration of cremations in accordance with statutory obligations.

 

The Superintendent Registrar (Claire Follain) and her three Deputy Superintendent Registrars (Richard Langlois, Joanna Falla and Christina Jarvis) are able to fulfil these functions. In addition to line management of the crematorium by the Superintendent Registrar, the requirements of registration fall within the professional experience and practice of the Superintendent and her three Deputy Superintendent Registrars.

 

 

2 Proposal

 

The Minister is asked to appoint Claire Follain, Richard Langlois, Joanna Falla and Christina Jarvis as persons under Article 13 of the Cremations (Jersey) Regulations 1961 for the purpose of registration of cremations.

 

Claire Follain, Richard Langlois, Joanna Falla and Christina Jarvis will register cremations under the provisions of the Cremations (Jersey) Regulations 1961 and associated legislation. For the purposes of registration, they will use the title ‘Superintendent’ as is common practice for those appointed under Article 13 of the Cremations (Jersey) Regulations 1961.

 

Claire Follain

Superintendent Registrar

28.11.2020

 

1

 

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