Skip to main content Skip to accessibility
This website is not compatible with your web browser. You should install a newer browser. If you live in Jersey and need help upgrading call the States of Jersey web team on 440099.
Government of Jerseygov.je

Information and public services for the Island of Jersey

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

  • Choose the service you want to log in to:

  • gov.je

    Update your notification preferences

  • one.gov.je

    Access government services

  • CAESAR

    Clear goods through customs or claim relief

  • Talentlink

    View or update your States of Jersey job application

Harbour Authority Agreement - Entrustment and Delegation of Functions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 11 December 2015:

Decision Reference: MD-E-2015-0109

Decision Summary Title :

Maritime Entrustment and Delegation

Date of Decision Summary:

3 December 2015

Decision Summary Author:

 

Head of Maritime Administration

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 :

Harbour Authority Agreement – Entrustment and Delegation Matters

Date of Written Report:

3 December 2015

Written Report Author:

Head of Maritime Administration

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Harbour Authority Agreement – Entrustment and Delegation Matters

 

Decision(s):

 

As a consequence of the coming into force of the Air and Sea Ports (Incorporation) (Jersey) Law 2015, the Minister

 

  1. Entrusted the Harbour Authority with responsibility for designating inshore sea areas for the purpose of sport and recreational activities.

 

  1. Updated the list of delegation of functions.

 

Reason(s) for Decision:

  1. Prior to the formation of the POJL, the Minister had delegated responsibility for designating inshore sea areas for the purpose of sport and recreational activities to certain officers at Jersey Harbours. Under the new arrangements, this delegation should be replaced by an entrustment to POJL in its capacity as the Harbour Authority.
  2. Other delegations fall away and new ones are required as a consequence the new Law, the Agreement and related amendments to legislation.

 

Neither entrustment nor delegation removes the right of the Minister to make a decision or make a direction himself. Further details are given in the attached report.

 


Resource Implications:

 

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

 

Action required:

 

On behalf of the Minister, the Greffier is requested to submit the Report and associated table of delegations to the States and to publish them in the normal way.

 

Following this, relevant employees of Ports of Jersey Limited and officers of the Department are to act as required according to their respective functions and duties.

 

Signature: Senator L J Farnham

Position:

Minister for Economic Development

Date Signed:

Date of Decision (If different from Date Signed):

 

Our sites
Back to top
rating button