Skip to main content Skip to accessibility
This website is not compatible with your web browser. You should install a newer browser. If you live in Jersey and need help upgrading call the States of Jersey web team on 440099.
Government of Jerseygov.je

Information and public services for the Island of Jersey

L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

  • Choose the service you want to log in to:

  • gov.je

    Update your notification preferences

  • one.gov.je

    Access government services

  • CAESAR

    Clear goods through customs or claim relief

  • Talentlink

    View or update your States of Jersey job application

Authority to Enter and Inspect Premises under the Nursing and Residential Homes (Jersey) Law 1994, Health Protection Officers.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (29/12/2006) regarding Authority to Enter and Inspect Premises under the Nursing and Residential Homes (Jersey) Law 1994, Health Protection Officers.

Title:

Authority to Enter and Inspect Premises Under the Nursing and Residential Homes (Jersey) Law 1994, Health Protection Officers

Action Reference:

MD-H SS-2006-0064

Exempt clause(s):

 

Type of Report: (oral (O) or written (W))

Written

Date of decision:

 

Telephone or e_mail Meeting?

 

Person Giving Report (if oral):

 

Written Report

Name of Author:

Stephen D Smith

Assistant Director, Health Protection

Report

File ref:

 

Decision(s):

In accordance with the attached report the Minister is recommended to approve the authorisation to enter premises of the following Officers;

Stephen D Smith, Assistant Director,

Christine Blackwood, Registration and Inspection Manager

Elizabeth Gicquel, Health Protection Nurse, Registration and Inspection

Sandra Polak, Senior Pharmacists, H&SS

Mark Hemmings, Locum Inspector

Elizabeth Ogden, Locum Inspector

to enter and inspect at any time any premises which are used or are believed to be used for the purpose of a residential care home, mental nursing home or nursing home.

Reason(s) for decision: the need for certain staff of Health Protection, and locum inspectors employed on their behalf, to possess a document authorising them to enter premises in pursuance of the delegated duties under the Nursing and Residential Homes (Jersey) Law 1994.

Action required: Approval of Authority to Enter and Inspect premises for members of staff, and locum inspectors, of Health Protection

Signature:

Date of Approval:

29 December 2006

Authority to Enter and Inspect Premises under the Nursing and Residential Homes (Jersey) Law 1994, Health Protection Officers.

States of Jersey Health and Social Services

PUBLIC HEALTH DEPARTMENT

Report from the Assistant Director, Health Protection

to the Health and Social Services Senior Management Team

----------------------------------------------------------------------------------------------------------------------

TITLE Authority to Enter and Inspect Premises – Officers of Health Protection

----------------------------------------------------------------------------------------------------------------------

Background

Under Article 19(1) of the Nursing and Residential Homes (Jersey) Law 1994 the Health and Social Services Committee could authorise any person to enter and inspect any premises at any time “which are used, or which that person has reasonable cause to believe to be used, for the purposes of a home to which this Law applies.

Article 19(1) also requires the person authorised “to produce, if asked to do so some duly authenticated document showing that he/she is so authorised”.

Issues

Following the change to ministerial government, it is prudent to ensure that the documentation authorising officers under this Article of the Law is current and valid. This will avoid any uncertainty in the event of the need for enforcement action.

Financial Implications

There are no financial implications attached to this report

Recommendation

The Minister is recommended to approve the authorisation of the following Officers in accordance with the legislative requirements;

Stephen D Smith, Assistant Director,

Christine Blackwood, Registration and Inspection Manager

Elizabeth Gicquel, Health Protection Nurse Registration and Inspection

Sandra Polak, Senior Pharmacist, H&SS

Mark Hemmings, Locum Inspector

Elizabeth Ogden, Locum Inspector

to enter and inspect at any time any premises which are used or are believed to be used for the purpose of a residential care home, mental nursing home or nursing home.

Stephen D Smith

Assistant Director, Health Protection

18 December 2006

 

Back to top
rating button