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Rates (Jersey) Law 2005 amendment to maintain the 2019 value of the AIRF for 2020: Law Drafting instructions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 24 June 2020

Decision Reference:  MD-TR-2020-0076

Decision Summary Title:

Maintaining the 2019 value of the Annual Island-Wide Rates Figure (AIRF) – Article 20(1) of the Rates (Jersey) Law 2005

Date of Decision Summary:

 23 June 2020

Decision Summary Author:

Comptroller of Revenue

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title:

Authority to instruct Law Drafters with a view to maintaining the 2019 rateable value of the AIRF for the 2020 rateable year.   

Date of Written Report:

 23 June 2020

Written Report Author:

Comptroller of Revenue

Written Report :

Public or Exempt?

Public

Subject: Authority to instruct Law Drafters to make Regulations under the Covid-19 (Enabling Provisions) (Jersey) Law 2020 to amend the Rates (Jersey) Law 2005 to maintain the 2019 value of the AIRF for 2020. 

 

Decision(s):

The Minister approved the report and authorised the Comptroller of Revenue to instruct law drafters to make the necessary changes.

 

Reason(s) for Decision: Ministerial approval is required to make the necessary legal changes.   

Resource Implications:

Officer and Assembly time only.  The loss of the uprating is expected to reduce Government income by around £360,000 in 2020.   

Action required:

The Comptroller of Revenue to forward the decision to the Principal Legislative Drafter and to provide support to the Principal Legislative Drafter to ensure the required legislation is prepared.

 

Signature:

 

 

 

Position: Deputy S J Pinel,

Minister for Treasury and Resources

Date Signed:

 

 

Date of Decision:

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