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States of Jersey Law 2005: Delegation of Functions – Minister for Health and Social Services – Consolidated Schedule December 2021

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STATES OF JERSEY

STATES OF JERSEY LAW 2005: DELEGATION OF FUNCTIONS – MINISTER FOR HEALTH AND SOCIAL SERVICES – CONSOLIDATED SCHEDULE DECEMBER 2021

Presented to the States on 24th December 2021 by the Minister for Health and Social Services

STATES GREFFE

2021  R.193

REPORT

On 23 December 2021, the Minister for Health and Social Services made a Ministerial Decision delegating certain of his functions under Articles 28, 30 and 30A of the States of  Jersey  Law  2005 (see  Decision  reference  MD-HSS-2021-0043,  available  at www.gov.je).

The terms of the delegations, and the legislation under which those delegations were made, were recorded in a Report attached to the Ministerial Decision, as shown in the following Appendices:

Appendix 1

HEALTH AND COMMUNITY SERVICES DEPARTMENT DELEGATED FUNCTIONS – STATUTORY

December 2021

 

ASSISTANT MINISTERS

1.

Legislation

Article 28 States of Jersey Law 2005

Delegate

Assistant Ministers

Functions Delegated

All the functions conferred upon or vested in the Minister

To deputise for the Minister for Health and Social Services in his absence.

The delegation provides flexibility, particularly in the event of the Minister being off-Island or being indisposed.

Scope of Delegation

All the functions conferred upon or vested in the Minister. This includes the power to make enactments. However, in accordance with Article 28 (1A) of the States of Jersey Law 2005,  the  Minister  has  not  delegated  any  function  the delegation of which is wholly prohibited by an enactment.

 

2.

Legislation

Article 28 States of Jersey Law 2005

Delegate

Assistant Minister (the Deputy of St John) – Adult Mental Health Services

Functions Delegated

Certain political oversight functions relating to adult mental health services

Scope of Delegation

To include all areas relating to adult mental health services, including  strategic  planning,  operational  delivery  and management of the associated workforce. In relation to this specific area of responsibility only, the Assistant Minister would also be able to lodge Propositions, make statements and respond to ministerial questions. He would also be able to sign Ministerial decisions relating to the business areas under these responsibilities.

As the Minister retains political oversight for all Health and Community Services business, he would expect to be fully briefed on developments in these delegated areas.

The Minister would reserve decision-making powers in three areas that relate to the delegated responsibility:

  1. The redevelopment of the mental health estate at Clinique Pinel and Rosewood House
  2. The  location  of  mental  health  facilities  where considered in conjunction with the future hospital
  3. Ongoing  reviews  of  mental  health  and  capacity legislation and the continuing implementation of that legislation.

 

PUBLIC HEALTH

1.

Legislation

Food Safety (Miscellaneous Provisions) Law 2000

Delegate

Head of Environmental and Consumer Protection or nominated deputy

Functions Delegated

Article 2 – to investigate a complaint, or detect, where no complaint has been made, that a health risk condition is fulfilled with respect to any food business.

Article 3(1), 3(2), 3(3), 3(10), 3(11) – to serve an emergency prohibition notice on the proprietor of the business, to make application to the Royal Court for an emergency prohibition order having first notified the proprietor of the business, to issue a Certificate to the effect that sufficient measures have been taken to secure that the health risk condition is no longer fulfilled and to provide reasons for any decision not to issue such Certificate.

Scope of Delegation

To investigate a complaint that the health risk condition is fulfilled with respect to any food business.

To cause inspections to be made to detect whether the health risk condition is fulfilled in respect of a food business where no complaint has been made.

To consider whether the health risk condition is fulfilled with respect  to  any  food  business  and,  if  so  satisfied,  by  an emergency prohibition notice served on the proprietor of the business, impose the appropriate prohibition.

To make an application to the Royal Court for an emergency prohibition order and to notify the proprietor of the business of the intention to apply for the order.

To issue a Certificate, on application by the proprietor of a food business, to the effect that the Minister is satisfied that the proprietor has taken sufficient measures to secure that the risk  condition  is  no  longer  fulfilled  with  respect  to  the business; or if he determines that the Minister is not so satisfied, to give notice to the proprietor of the reasons for that determination.

 

2.

Legislation

Public Health (Vessels and Aircraft (Jersey) Law 1950

Delegate

Medical Officer of Health or nominated deputy

Functions Delegated

Article 3 – to enter any premises, vessel or aircraft for the purpose of executing, or superintending the execution of, any Orders made under this Law.

 

3.

Legislation

Burials and Exhumations (Jersey) Law 2004

Delegate

Medical Officer of Health or nominated deputy

Functions Delegated

Article 3 (1) to inspect any burial ground to ascertain whether  Regulations  made  under  Article  2(3)  have been complied with.

 

4.

Legislation

WHO International Health Regulations (2005)

Delegate

Medical Officer of Health or nominated deputy.

Functions Delegated

Annex 7 2(f)

- to register General Medical Practices to operate as a designated Yellow Fever Vaccination Centre.

 

5.

Legislation

Drainage (Jersey) Law 2005

Delegate

Head of Environmental and Consumer Protection or nominated deputy

Functions Delegated

Article 15 (2) – to act as the point of consultation on behalf of the Minister of Health and Social Services for matters relating to the repair of sewers and drains, in the interests of public health.

Scope of Delegation

To consult with the Minister for Transport and Technical Services, or officers acting on the Ministers behalf, on work to be undertaken under Article 15 (1) relating to the repair of sewers and drains.

 

MEDICAL DIRECTOR – HCS

1.

Legislation

Misuse of Drugs (Addicts)(Jersey) Order, 1980

Delegate

Medical Director (HCS) or their Deputy

Functions Delegated

Article 3 (1) b) – to issue a licence under the article for a doctor  to  prescribe  controlled  drugs  or  substances  as specified in Article 3 (3).

Scope of Delegation

- the licence must specify the drugs to which it applies

- the group medical director should satisfy themselves that the applicant has the required knowledge and experience to prescribe the specified controlled drugs for the purposes of managing addiction

-

licences may be issued as renewals or to prescribers who  have  not  previously  been  licensed  for  this purpose

- - -

the duration of the licence must be for a period not exceeding 24 months

the delegate may attach any other conditions to the licence that they deem appropriate

a licence may be cancelled if these conditions are not being met

-

the group medical director reports annually to the Minister with details of the licences granted.

 

2.

Legislation

Misuse of Drugs (Jersey) Law 1978

Delegate

Medical  Director  (HCS),  their   Deputy  or  the  Medical Director for Primary Care

Functions Delegated

Article  15  (1)  (2)   to  require  a  practitioner  to  furnish information in regard to specified drugs and to serve a notice to that effect.

Scope of Delegation

The  information  required  should  extend  to  particulars specified under the provisions of Article 15 (1) and (2) of the Law, including details of the prescription or supply of drugs, and details of the practitioners prescribing drugs.

 

WOMEN & CHILDREN'S CARE GROUP (HCS)

1.

Legislation

Termination of Pregnancy (Jersey) Law 1997

Delegate

Assistant  Medical  Director  for  Women  &  Children  or nominated deputy

Functions Delegated

Article 6 (1) (3) to approve and to maintain a list  of approved registered medical practitioners for the purposes of the Law

 

2.

Legislation

Termination of Pregnancy (Jersey) Law 1997

Delegate

Assistant  Medical  Director  for  Women  &  Children  or nominated deputy

Functions Delegated

Article 6 (2) (3) – to authorise and to maintain a list of approved registered medical practitioners who are authorised to carry out terminations of pregnancy in accordance with the Law.

 

CHIEF PHARMACIST

1.

Legislation

Misuse of Drugs (Jersey) Law 1978

Delegate

Chief Pharmacist or nominated deputy

Functions Delegated

Article 4 (2) (b) – to issue a general licence to permit the importation or exportation of controlled drugs, as specified in the Second Schedule to the Law.

The  delegate  may  attach  any  conditions  they  deem appropriate.

Scope of Delegation

Licences are to be issued only to registered pharmacies and the hospital pharmacy department.

Licences  may  be  issued  as  renewals  or  to  registered pharmacies which have not previously been licensed for this purpose.

The delegate may not refuse or revoke a licence, which should be considered by the Minister

The duration of any licence shall not exceed a period of three years.

The delegate may not issue a licence to himself.

 

2.

Legislation

Misuse of Drugs (Jersey) Law 1978

Delegate

Chief Pharmacist or nominated deputy

Functions Delegated

Article 4 (2) (b) – to issue a licence to permit the importation or exportation of controlled drugs, as specified in the Second Schedule to the Law.

The  delegate  may  attach  any  conditions  they  deem appropriate.

Scope of Delegation

Licences for individuals are to be issued only on the request of a prescribing doctor (or of a patient with the legality of importation or exportation verified by the doctor).

Licences  for  individuals  travelling  with  their  prescribed controlled drugs are to be issued to cover one importation and/or exportation only (i.e. one return journey).

Any other licence should only cover a single consignment for either import or export.

 

3.

Legislation

Misuse of Drugs (Jersey) Law 1978

Delegate

Chief Pharmacist

Functions Delegated

Article  15  (1)  (2)   to  require  a  pharmacist  or  person conducting a pharmacy business to furnish information in regard to specified drugs and to serve a notice to that effect.

Scope of Delegation

The  information  required  should  extend  to  particulars specified under the provisions of Article 15 (1) and (2) of the Law, including details of the prescription or supply of drugs, and details of the practitioners prescribing drugs.

 

4.

Legislation

Misuse of Drugs (Jersey) Law 1978

Delegate

Chief Pharmacist or nominated deputy

Functions Delegated

Article 19(1) – to enter premises of a person carrying on a business as a producer or supplier of any controlled drugs and to demand the production of, and to inspect, any books or documents relating to dealings in any such drugs and to inspect any stocks of any such drugs.

 

5.

Legislation

Misuse of Drugs (General Provisions) (Jersey) Order 2009

Delegate

Chief Pharmacist or nominated deputy

Functions Delegated

Article 29(2) – demand from any person specified in Article 29(1) the information provided for in Article 29(2)

Scope of Delegation

The information requested is subject to the provisions of Article 29(3) and 29(4).

 

6.

Legislation

Medicines (Jersey) Law 1995

Delegate

Chief Pharmacist or nominated deputy

Functions Delegated

Articles 96 and 97 to take samples, to take copies of documents and to seize substances or articles in accordance with the relevant provisions of Articles 96 (1), (2), (3) and 97 (1 to 8).

 

7.

Legislation

Pharmacists  and  Pharmacy  Technicians  (Registration) (Jersey) Law 2010

Delegate

Chief Pharmacist or nominated deputy

Functions Delegated

Article  2   to  keep  and  maintain  a  register  of  persons registered as pharmacists or pharmacy technicians;

Article 6(1) – to register an applicant as a pharmacist; Article 8 – to issue a certificate of registration to a person registered as a pharmacist;

Articles 9(3) and 10(1) – to cancel a person's registration as a pharmacist;

Article  17(1)   to  register  an  applicant  as  a  pharmacy technician;

Article 19 – to issue a certificate of registration to a person registered as a pharmacy technician;

Articles 20(3) and 21(1) – to cancel a person's registration as a pharmacy technician.

Scope of Delegation

To only register a person as a pharmacist if the application satisfies the provisions of Articles 5 and 6;

To only register a person as a pharmacy technician if the application satisfies the provisions of Articles 16 and 17; To only cancel a person's registration as a pharmacist if the provisions of either Article 9 or 10(1) are satisfied;

To  only  cancel  a  person's  registration  as  a  pharmacy technician if the provisions of either Article 20 or 21(1) are satisfied.

 

8.

Legislation

Medicines  (Health  Professionals   Exemption)  (Jersey) Order 2001.

Delegate

Chair  of  Health  and  Community  Services  Medicines Governance Committee.

Functions Delegated

Article  1(2)   to  give  a  direction  that  a  relevant  health professional authorised by the department to do so may sell, supply  or  administer  a  medicinal  product  other  than  in accordance with Articles 51, 52 and 57(2) of the Medicines (Jersey) Law 1995.

Scope of Delegation

A direction may only be given in respect of a relevant health professional  employed  by  the  Health  and  Community Services Department.

The details of any direction must be approved by the Health and  Community  Services  Medicines  Governance Committee.

 

9.

Legislation

Medicines (Veterinary Drugs) (Jersey) Order 2011

Delegate

States Veterinary Officer

Functions Delegated

Article 1(1) – to issue an authorisation which permits the importation of an unlicensed veterinary medicinal product

The delegate may attach any of the conditions provided for by  Article  1(3)  or  any  further  conditions  as  they  deem appropriate

Scope of Delegation

An authorisation shall only be issued if it appears that there is an urgent need to administer a veterinary drug in the treatment of animals and there is no suitable veterinary drug which has a product licence available.

The authorisation shall be in writing and shall specify the drug,  and  the  person  or  class  of  persons  to  which  the authorisation applies.

 

ADULT SOCIAL CARE AND MENTAL HEALTH

1.

Legislation

Mental Health (Jersey) Law 2016

Delegate

Mental Health Law Administrator or their deputy

Functions Delegated

Article 6 – Authorised Officers

Scope of Delegation

Article 6 (1) To authorise officers in accordance with article 6(1) of the Mental Health (Jersey) Law 2016 and Article 2 of the Mental Health (Miscellaneous Provisions and Prescribed Forms (Jersey) Orders 2018.

 

2.

Legislation

Mental Health (Jersey) Law 2016

Delegate

Mental Health Law Administrator or their deputy

Functions Delegated

Article 10 – Nomination of Nearest person

Scope of Delegation

Article 10 (1) b) To receive nominations of nearest person on behalf of the Minister

Article 10 (2) – To nominate a person as the patient's nearest person on behalf of the Minister.

 

3.

Legislation

Mental Health (Jersey) Law 2016

Delegate

Mental Health Law Administrator or their deputy

Functions Delegated

Part 3 – Admissions for Assessment and Treatment

Scope of Delegation

To receive authorisations and recommendations on behalf of the  Minister  from  Authorised  officers,  Approved Practitioners and/or Registered Medical Practitioners.

 

4.

Legislation

Mental Health (Jersey) Law 2016

Delegate

Mental Health Law Administrator or their deputy

Functions Delegated

Article 16 – Approved Practitioners

Scope of Delegation

To approve practitioners in accordance with Article 16 of the Mental Health (Jersey) Law 2016 and article 3 of the Mental Health  (Miscellaneous  Provisions  and  Prescribed  Forms (Jersey) Orders 2018.

The delegation includes that part of the Minister's authority to the MHLA to approve registered medical practitioners as approved practitioners for the purposes of being considered eligible  for  appointment  to  the  Mental  Health  Review Tribunal Panel.

[Formerly this was subject to the MHLA only making such approvals to the MHRTP for six months at a time subject to renewal  by  the  MHLA  as  each  case  requires,  but  this requirement  was  removed  as  it  was  recognised  that sometimes it is necessary for the Tribunal to have access to local general practitioners with the necessary experience and training in mental health matters.].

In  addition,  the  MHLA  is  required,  in  exercising  the Minister's functions in this regard (ie only for the approval of  general  practitioners  as  approved  practitioners)  under Article 16, to impose the following terms and conditions on each approval granted:

The approval of the named registered medical practitioner as an approved practitioner for the purpose of that registered medical practitioner exercising the powers under the 2016 Law given to approved practitioners only to the extent of being qualified to be appointed as (and therefore having the authority to discharge the functions of) a medical member of the Mental Health Review Tribunal Panel under article 47 of the 2016 Law.

The  requirements  as  to  the  approval  by  the  MHLA  of registered  medical  practitioners  who  are  general practitioners, for the purposes of being considered eligible for appointment to the Mental Health Review Tribunal, does not  otherwise  affect  the  MHLA's  authority  to  approve registered  medical  practitioners  as  approved  practitioners under Article 16 of the 2016 Law.

 

5.

Legislation

Mental Health (Jersey) Law 2016

Delegate

Mental Health Law Administrator or their deputy

Functions Delegated

Article 20 – Effects of Admission Application

Scope of Delegation

Will receive from the Manager (M) written notification of the admission of a patient to whom the application relates.

The Mental Health Law Administrator will confirm in writing to M that the admission application has been duly made.

 

6.

Legislation

Mental Health (Jersey) Law 2016

Delegate

Mental Health Law Administrator or their deputy

Functions Delegated

Article 22 – Treatment Authorisation

Scope of Delegation

Article 22(4) On behalf of the Minister will receive a report from the Responsible Medical Officer (RMO).

Article 22(5) a) Will inform the patient and the patient's nearest person of the recommendations and proposed action from the RMO report.

 

7.

Legislation

Mental Health (Jersey) Law 2016

Delegate

Mental Health Law Administrator or their deputy

Functions Delegated

Article 24 – Leave of absence from approved establishment

Scope of Delegation

Article 24 (4) On behalf of the Minister will receive notice from the RMO of the granting of leave.

 

8.

Legislation

Mental Health (Jersey) Law 2016

Delegate

Mental Health Law Administrator or their deputy

Functions Delegated

Article 26 – Transfer of Patients

Scope of Delegation

Article 26 (1) – Will arrange for the transfer of a patient liable to be detained from one approved establishment to another.

 

9.

Legislation

Mental Health (Jersey) Law 2016

Delegate

Mental Health Law Administrator or their deputy

Functions Delegated

Article 27 – Discharge of Patients

Scope of Delegation

Article 27 (4) c) On behalf of the Minister will receive notice in writing from the RMO of the discharge of a patient who was liable to be detained.

 

10.

Legislation

Mental Health (Jersey) Law 2016

Delegate

Mental Health Law Administrator or their deputy

Functions Delegated

Article 28 – Special provisions; patients absent without leave

Scope of Delegation

Articles 28 (5) b) and 6) – on behalf of the Minister will receive a report in writing from the RMO.

 

11.

Legislation

Mental Health (Jersey) Law 2016

Delegate

Mental Health Law Administrator or their deputy

Functions Delegated

Part 4 - Guardianship

Scope of Delegation

Shall receive authorisations and recommendations on behalf of the Minister from Authorised officers, Approved Practitioners and/or Registered Medical Practitioners.

 

12.

Legislation

Mental Health (Jersey) Law 2016

Delegate

Mental Health Law Administrator or their deputy

Functions Delegated

Article 33 – Duration of Guardianship

Scope of Delegation

Articles 33 (4) and 5) – will receive the report from the RMO on behalf of the Minister and inform the patient and nearest person of the recommendations and actions.

 

13.

Legislation

Mental Health (Jersey) Law 2016

Delegate

Mental Health Law Administrator or their deputy

Functions Delegated

Article 38 – Interpretation and application of Part 6

Scope of Delegation

Article 38 (3) c) – Will approve Second Opinion Approved Doctors on behalf of the Minister.

 

14.

Legislation

Mental Health (Jersey) Law 2016

Delegate

Mental Health Law Administrator or their deputy

Functions Delegated

Article 78 – Information to be given to patients

Scope of Delegation

Article 78 (1) – when appropriate, as soon as possible after the detention or guardianship commences inform patients of their rights as described in Article 78 (1)

Article 78 (2) – when appropriate inform the nearest person of the same information of the patient's rights as described in Article 78(1).

 

15.

Legislation

Capacity and Self-Determination (Jersey) Law 2016

Delegate

Capacity and Self-Determination Law Administrator or their deputy

Functions Delegated

Article 37(3) – Designating a relevant place'

Scope of Delegation

To designate a relevant place'.

 

16.

Legislation

Capacity and Self-Determination (Jersey) Law 2016

Delegate

Capacity and Self-Determination Law Administrator or their deputy

Functions Delegated

Article 40 (1) a)

Arrangements to be made by Minister: designation of assessors

Scope of Delegation

To designate registered persons to act as assessors under Part 5 and maintain a register of persons so designated.

 

17.

Legislation

Capacity and Self-Determination (Jersey) Law 2016

Delegate

Capacity and Self-Determination Law Administrator or their deputy

Functions Delegated

Article 41

Arrangements to be made by Minister: requirement for authorisation

Scope of Delegation

To appoint a person to carry out assessments in accordance with Articles 43 to 46.

 

18.

Legislation

Capacity and Self-Determination (Jersey) Law 2016

Delegate

Capacity and Self-Determination Law Administrator or their deputy

Functions Delegated

Article 42 – Urgent authorisations

Scope of Delegation

To receive applications made under this article and give notice in writing of the terms and conditions (if any) in which an urgent authorisation is granted.

 

19.

Legislation

Capacity and Self-Determination (Jersey) Law 2016

Delegate

Capacity and Self-Determination Law Administrator or their deputy

Functions Delegated

Article 43 – Request for assessment

Scope of Delegation

To receive requests for assessment in accordance with Article 43.

 

20.

Legislation

Capacity and Self-Determination (Jersey) Law 2016

Delegate

Capacity and Self-Determination Law Administrator or their deputy

Functions Delegated

Article 44 – Manner of assessment

Scope of Delegation

To designate registered medical practitioners to act for the purposes of Article 44 (2) b), and maintain a register of persons so designated.

 

21.

Legislation

Capacity and Self-Determination (Jersey) Law 2016

Delegate

Capacity and Self-Determination Law Administrator or their deputy

Functions Delegated

Article 45 – Report of assessment

Scope of Delegation

To receive from the assessor reports of an assessment in accordance with Article 45(2) to (6).

 

22.

Legislation

Capacity and Self-Determination (Jersey) Law 2016

Delegate

Capacity and Self-Determination Law Administrator or their deputy

Functions Delegated

Article 46 – Effect of report

Scope of Delegation

To deal with requests for fresh assessments or reviews of assessments in accordance with Article 46 (1).

 

23.

Legislation

Capacity and Self-Determination (Jersey) Law 2016

Delegate

Capacity and Self-Determination Law Administrator or their deputy

Functions Delegated

Article 47 – Record of assessments etc

Scope of Delegation

To keep a record of all assessments carried out, and all authorisations granted, under this Part, together with copies of reports of all such assessments.

 

24.

Legislation

Capacity and Self-Determination (Jersey) Law 2016

Delegate

Capacity and Self-Determination Law Administrator or their deputy

Functions Delegated

Article 48 – Standard authorisations

Scope of Delegation

To authorise the imposition of significant restrictions and give notice in writing of the authorisation to the assessor and Manager in accordance with this Article.

 

25.

Legislation

Capacity and Self-Determination (Jersey) Law 2016

Delegate

Capacity and Self-Determination Law Administrator or their deputy

Functions Delegated

Article 49 – Rectification etc of reports and recommendations

Scope of Delegation

To rectify errors or defects in reports as necessary or give notice in writing to the assessor and Manager if a recommendation in any report of an assessment is insufficient to warrant the imposition of a significant restriction on P's liberty in accordance with this Article.

 

26.

Legislation

Capacity and Self-Determination (Jersey) Law 2016

Delegate

Capacity and Self-Determination Law Administrator or their deputy

Functions Delegated

Article 51 – Advocates to be appointed

Scope of Delegation

To nominate an independent capacity advocate to represent P in accordance with this Article.

 

27.

Legislation

Capacity and Self-Determination (Jersey) Law 2016

Delegate

Capacity and Self-Determination Law Administrator or their deputy

Functions Delegated

Article 52 – Renewal of standard authorisation

Scope of Delegation

To receive requests for renewal in accordance with Article 52(3).

To appoint an assessor to carry out a further assessment of P following the receipt of a request duly made under Article 52(3).

And further, to renew the standard authorisation if satisfied that it is appropriate in accordance with any fresh recommendation made by the assessor under Article 45(2) e).

 

28.

Legislation

Capacity and Self-Determination (Jersey) Law 2016

Delegate

Capacity and Self-Determination Law Administrator or their deputy

Functions Delegated

Article 54 – Continuity of authorization: changes of place and in management

Scope of Delegation

To receive notification where P is to be moved from the relevant place to which an authorisation relates to another relevant place and direct in accordance with this Article.

 

29.

Legislation

Capacity and Self-Determination (Jersey) Law 2016

Delegate

Capacity and Self-Determination Law Administrator or their deputy

Functions Delegated

Article 55 – Review of authorisations by Tribunal

Scope of Delegation

Request for a review of an authorisation be made by the Tribunal where appropriate, on behalf of the Minister.

To deal with any orders made by the Tribunal under Article 55(6).

 

30.

Legislation

Capacity and Self-Determination (Jersey) Law 2016

Delegate

Capacity and Self-Determination Law Administrator or their deputy

Functions Delegated

Article 56 – Monitoring of authorisations

Scope of Delegation

To review, audit and direct managers of relevant places in the application and use of authorisations; and the operation of significant restrictions on liberty authorised by them as necessary on behalf of the Minister.

 

STATES OF JERSEY LAW 2005

1.

Legislation

States of Jersey Law 2005

Delegate

Director General HCS

Functions Delegated

Article 26(1)(c)(i)

Scope of Delegation

The power to enter into contracts up to the value of £10 million to the Director General who can make further delegations.

 

2.

Legislation

States of Jersey Law 2005

Delegate

Director General HCS

Functions Delegated

Article 26(1)(c )(i)

Scope of Delegation

The power to administer payments from Health and Community Services' gift funds up to the value of £0.1 million previously authorised by the Minister.

 

3.

Legislation

States of Jersey Law 2005

Delegate

Director General – Infrastructure, Housing and Environment Department – and subordinate staff

Functions Delegated

Article 28

Scope of Delegation

The powers required to administer the Covid-19 (Construction Work) (Jersey) Order 2020.

Appendix 2

HEALTH AND COMMUNITY SERVICES DEPARTMENT DELEGATED FUNCTIONS – NON-STATUTORY December 2021

 

CHARGING POLICY

Policy/Procedure

Health and Community Services Residents and Non-Residents Charging Policy

Delegate

Assistant Minister

Functions Delegated

The right to authorise amendments and exemptions to the Residents and Non-Residents Charging Policy.

The right to make changes to the Residents and Non-Residents Charging Policy eligibility criteria. To chair the Charges Appeals Panel and the right to grant special exemptions to charges on appeal – under the Charges Appeals Policy.

 

COMPLAINTS POLICY

Policy/Procedure

Health and Community Services Complaints Policy

Delegate

Assistant Minister

Functions Delegated

To chair the Panel for appropriate stage(s) of Complaints Reviews and/or Hearings under the Complaints Policy.