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Community Provisions (Welfare of Animals During Transport) (Jersey) Regulations: Fees Order

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 2 December 2013:

Decision Reference:  MD-PE-2013-0139

Decision Summary Title:

Community Provisions (Welfare of Animals During Transport) (Jersey) Regulations 2013: Fees

Date of Decision Summary:

6 November 2013

Decision Summary Author (Job Title):

States Veterinary Assistant

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title:

Community Provisions (Welfare of Animals During Transport) (Jersey) Regulations 2013: Fees

Date of Written Report:

6 November 2013

Written Report Author (Job Title):

States Veterinary Assistant

Written Report :

Public or Exempt?

Public

Subject:

Welfare of Animals During Transport  - Fees payable for an authorization, certificate of approval, certificate of competence required by the Community Provisions (Welfare of Animals During Transport) (Jersey) Regulations 2013.

Decision(s):

The Minister has decided to request the Law Draftsman to prepare an Order which will prescribe the fees payable for the issue of certificates, authorizations, approvals required by the Regulations.

Reason(s) for Decision:

The States agreed proposition 113/2013; Community Provisions (Welfare of Animals During Transport) (Jersey) Regulations 2013 on the 6 November 2013. The Minister may, by Order, prescribe new fees (Regulation 26) and this is in accordance with the ‘user pays’ principle.

Resource Implications:

None

Action required:

States Veterinary Assistant to request that the Law Draftsman prepares a draft Order, on the basis of a drafting brief to be supplied by the department and for subsequent consideration by the Minister.

Signature:

R C Duhamel                                      

Initials

YF/AS

Position:

Minister for Planning & Environment

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

Community Provisions (Welfare of Animals During Transport) (Jersey) Regulations: Fees Order

DEPARTMENT OF THE ENVIRONMENT

 

Community Provisions (Welfare of Animals During Transport) (Jersey) Regulations 2013: Fees

(Public)

Purpose of the Report

To make an Order requiring payment of fees by those who benefit from a service, in accordance with States policy of User Pays.

 

Background

On 6 November 2013 the States adopted the Community Provisions (Welfare of Animals During Transport) (Jersey) Regulations 2013 to regulate commercial transport of animals.

 

Discussion

Authorisations and certificates of competence for journeys less than 65 Km are not required; hence transport carried out within the island is exempt from this provision.

 

The Regulations require;

  • a transporter to be authorized for either a  “Type 1” journey, which is a journey more than 65 Km and less than 8 hours or a “Type 2” journey, which is a journey more than 8 hours, a “Type 2” authorization covers “Type 1” journeys.
  • drivers and attendants of road vehicles transporting domestic Equidae or domestic animals of bovine, ovine, caprine or porcine species or poultry are to be trained to handle animals during transport and have a certificate of competence
  • vehicles used to transport by road for long journeys over 8 hours which have not been approved by another competent authority must be inspected and be issued with a certificate of approval
  • livestock vessels which have not been approved by another competent authority must be inspected and be issued with a certificate of approval.

 

Regulation 26 enables the Minister to prescribe fees, by Order, for the issue of approvals, authorisations and certificates required by the Regulations.

The proposed fees are based on estimated time for necessary inspection, travel and administration for issue of approvals, authorisations and certificates.
 

Conclusion

Introduction by Order of fees payable for an authorization, certificate of approval, certificate of competence as discussed above, when work is carried out by the States Veterinary Officer or an inspector, accords with User Pays policy and Regulation 26, adopted by the States Assembly.

 

Recommendation

 

The Minister is recommended to make an Order to introduce the fees.

 

Written by: States Veterinary Assistant

Approved by:   Director of Environment

 

Attachments: Schedule showing proposed fees

  

Ministerial Decision ref: MD-PE-2013-XXXX

6 November 2013

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