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

Road Traffic (Motor Cycle Helmets) (Jersey) Order 2004: Amendment: 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 10 August 2021:

Decision Reference:  MD-T-2021-0049

Decision Summary Title:

Requirement for the wearing of Motorcycle Helmets by Sikhs whilst wearing a turban

Date of Decision Summary:

02 August 2021

Decision Summary Author:

Senior Traffic Officer (Programmes)

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title:

Requirement for the wearing of Motorcycle Helmets by Sikhs whilst wearing a turban

Date of Written Report:

02 August 2011

Written Report Author:

Senior Traffic Officer (Programmes)

Written Report:

Public or Exempt?

Public

Subject: Requirement for the wearing of Motorcycle Helmets by Sikhs whilst wearing a turban.

 

Decision(s):   The Minister agreed for changes to be made to the Road Traffic (Motor Cycle Helmets) (Jersey) Order 2004, to remove the requirement for followers of the Sikh religion who are wearing a turban from wearing a protective helmet whilst riding a motorcycle or moped.

 

Reason(s) for Decision:  To align the requirements with other provisions within Jersey roads legislation for followers of the Sikh religion to be exempt from wearing protective helmets whilst wearing a turban. Ensuring that whilst being considerate to the road safety concerns for the individual that they are not being discriminated against by their choice of religious belief.

 

Resource Implications:  Legislative Drafting and DVS Officer time.

 

Action required:  Head of DVS to instruct the Principal Legislative Drafter to make the necessary amendments.

 

Signature:

 

 

Position:

Minister for Infrastructure

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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