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Customs and Excise (Amendment No. 7) (Jersey) Law 201-

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.

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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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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 9 July 2013:

Decision Reference: MD-HA-2013-0041

Decision Summary Title :

Customs and Excise (Amendment No.7) (Jersey) Law 201-

Date of Decision Summary:

19 June 2013

Decision Summary Author:

 

Executive Officer

Home Affairs

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title :

Customs and Excise (Amendment No.7) (Jersey) Law 201-

Date of Written Report:

19 June 2013

Written Report Author:

Executive Officer

Home Affairs

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

 

Subject: Customs and Excise (Amendment No.7) (Jersey) Law 201-

Decision(s): The Minister approved the Customs and Excise (Amendment No.7) (Jersey) Law 201- and the accompanying report, and requested that arrangements be made for it to be lodged ‘au Greffe’ for consideration by the States in due course.

Reason(s) for Decision: The Customs and Excise (Amendment No.7) (Jersey) Law 201- makes a number of amendments to the Customs and Excise (Jersey) Law 1999.  It removes references to the Jurats in Articles 37C and 53 where a decision has to be made on whether or not to search a person, because superior officers from the Jersey Customs and Immigration Service are always available, so recourse to a Jurat is not needed.  It also amends Article 65 to give the Agent of the Impôts the ability to levy a penalty in respect of an offence relating to excise duties, rather than referring the matter to prosecution.

Resource Implications: None.

Action required: The Executive Officer, Home Affairs, to request the Greffier of the States to arrange for the draft Law to be lodged ‘au Greffe’ for consideration by the States in due course.

Signature:

 

Position: 

Minister for Home Affairs

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

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