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Shipping (Fees) (Jersey) Order: 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 6 November 2015:

Decision Reference: MD-E-2015-0082

Decision Summary Title :

Shipping Fees

Date of Decision Summary:

18 September 2015

Decision Summary Author:

 

Registrar of Shipping

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 :

2016 Proposed Shipping Registry Fees

Date of Written Report:

18 September 2015

Written Report Author:

Registrar of Shipping

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:

Shipping Fees

Decision(s):

The Minister has approved amendments to the Shipping (Fees) (Jersey) Order 2013.

Reason(s) for Decision:

Prescribed fees are authorised by article 193 of the Shipping Law. Fees were last increased in January 2015, having not changed in three years. The inflation rate over those three years was 5.4% but at the time a review was underway and the increase was held at 2.5% to accord with States policy and as a holding position. That review is now complete and a more substantial change is now sought.

In order to achieve more uniformity, the changes vary quite widely. On the one hand there will be no increase in fees for initial registration of privately owned pleasure craft where the owner either is a local resident or owns the vessel through a local company. This is one of the most expensive transactions and it is not necessary to seek an increase at this stage. Re-registration however, only occurs every ten years and has long been out of line. This would rise from £66 to £100. Small fishing boat examination and certification would increase by just 3.1% overall and the popular local small ship registration would only increase by 3.4%. Charges for other transactions will rise by a mean of 13%.

 

The Treasurer has given approval to increase fees above the 2.5% level so that as far as possible the present costs of providing services can be met.  Further details are given in the attached report.

Resource Implications:

There are no new financial, property, ICT or human resources issues arising.

Action required:

Following the Ministerial Decision, the Law Draftsman will be requested to prepare the Order.

Signature: Senator L J Farnham

 

 

Position:

Minister for Economic Development

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

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