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Authority to Enter and Inspect Premises under the Nursing and Residential Homes (Jersey) Law 1994, Health Protection Officers.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (29/12/2006) regarding Authority to Enter and Inspect Premises under the Nursing and Residential Homes (Jersey) Law 1994, Health Protection Officers.

Title:

Authority to Enter and Inspect Premises Under the Nursing and Residential Homes (Jersey) Law 1994, Health Protection Officers

Action Reference:

MD-H SS-2006-0064

Exempt clause(s):

 

Type of Report: (oral (O) or written (W))

Written

Date of decision:

 

Telephone or e_mail Meeting?

 

Person Giving Report (if oral):

 

Written Report

Name of Author:

Stephen D Smith

Assistant Director, Health Protection

Report

File ref:

 

Decision(s):

In accordance with the attached report the Minister is recommended to approve the authorisation to enter premises of the following Officers;

Stephen D Smith, Assistant Director,

Christine Blackwood, Registration and Inspection Manager

Elizabeth Gicquel, Health Protection Nurse, Registration and Inspection

Sandra Polak, Senior Pharmacists, H&SS

Mark Hemmings, Locum Inspector

Elizabeth Ogden, Locum Inspector

to enter and inspect at any time any premises which are used or are believed to be used for the purpose of a residential care home, mental nursing home or nursing home.

Reason(s) for decision: the need for certain staff of Health Protection, and locum inspectors employed on their behalf, to possess a document authorising them to enter premises in pursuance of the delegated duties under the Nursing and Residential Homes (Jersey) Law 1994.

Action required: Approval of Authority to Enter and Inspect premises for members of staff, and locum inspectors, of Health Protection

Signature:

Date of Approval:

29 December 2006

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