Long Term Care (Jersey) Law 2012: Implementation from 1 July 2014

Information about the publication of Ministerial Decisions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 2 July 2014:

Decision Reference: MD-S-2014-0083
Decision Summary Title:	Introduction of the Long -Term Care scheme		Date of Decision Summary:	1 July 2014
Decision Summary Author:	Policy and strategy director		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title:	Introduction of the Long -Term Care scheme		Date of Written Report:	1 July 2014
Written Report Author:	Policy and strategy director		Written Report : Public or Exempt?	Exempt Clause 3.2 (a)(i)
Subject: Introduction of the Long -Term Care scheme
Decision(s): The Minister has made the following decisions following the coming into force of the Long Term Care (Jersey) Law 2012 on 1 July 2014: Legislation: Long-Term Care (Jersey) Law 2012, Article 5 - The appointment of approved registered persons who may make assessments for the purposes of article 5 or article 7 of the Long-Term Care (Jersey) Law 2012, or both. Legislation: Long-Term Care (Jersey) Law 2012, Article 6 - The approval of approved care homes Legislation: Long-Term Care (Jersey) Law 2012, Article 8 - The appointment of Determining Officers for the determination of any question arising under or in connection with the Long-Term Care (Jersey) Law 2012, including any claim for benefit. Details of approvals and appointments are included in the written report.
Reason(s) for Decision: To provide legal authority to approved registered persons, approved care homes and determining officers to allow them to carry out their functions under the Long Term Care (Jersey) law 2012 from 1 July 2014.
Resource Implications: None
Action required: Policy and strategy director to provide confirmation to approved registered persons, approved care homes and determining officers of their status under the long-term-care law.
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):