States of Jersey Law 2005: delegation of functions – Health and Social Services.

STATES OF JERSEY

STATES OF JERSEY LAW 2005: DELEGATION OF

FUNCTIONS – HEALTH AND SOCIAL SERVICES

Presented to the States on 10th February 2009 by the Minister for Health and Social Services

STATES GREFFE

REPORT

On 6th February 2009, the Minister for Health and Social Services made a Ministerial Decision delegating certain of  his  functions  under  Article  28  of  the  States  of  Jersey  Law  2005  (MD-HSS-2009-0006,  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 below –

----------------------------------------------------------------------------------------------------- Article  28 of the States of Jersey Law 2005 enables a Minister to delegate functions –

1. A Ministermaydelegate,whollyor partly, functionsconferreduponorvestedin the Minister by or under this Laworanyotherenactmentoranyenactmentof the United Kingdomhaving effect in Jersey, to –

(a ) o n e of his or her Assistant Ministers;

(b ) an officer.

2. A Minister shallnotdelegate –

(a ) an y power to make an enactment;

(b ) an y power to decide an appeal under an enactment;

(c ) an y function the delegation of which is prohibited by an enactment.

3. T h e delegation of functions by a Minister under this Article shallnot prevent the Minister exercising those functions personally.

Definition –

"officer" means a person employed under the Civil Service Administration (Jersey) Law 1948 whose duties are wholly or mainly administrative, professional, technical or clerical and includes a member of the States of Jersey Police Force and an officer appointed under paragraph  1(1) of Part  1 of Schedule  2 to the Immigration Act 197 as extended to Jersey by the Immigration (Jersey) Order 1993.

PUBLIC HEALTH DIRECTORATE

Legislation: Food Safety (Jersey) Law  1966.

Delegate: Head of Health Protection Services or, in his absence, his nominated deputy. Functions delegated: Article 11(1), (2) and (3) – to determine whether oysters may be landed in the

Island without danger to the public health; and to decide whether any oysters landed are unfit for human consumption.

Scope of delegation: (a) to authorise the landing of oysters, according to paragraph (1) – i.e.

provided that they do not constitute a danger to the public health;

2. to require the confiscation ordestructionof oysters according to the

provisions of paragraph  (2);

3. to direct that oysters be confiscation or otherwise dealt with according to the provisions of paragraph  (3).

Legislation: Food Safety (Jersey) Law  1966.

Delegate: Head of Health Protection Services or, in his absence, his

nominated deputy.

Function delegated: Article 51 – to determine according to the Article

whether –

1. an offence appears to have been committed under the Law;
2. a person might reasonably establish a defence that the contravention was due to the act or default of another person.

Scope of delegation: To recommend proceedings are taken against the person

who is considered to have committed the offence, according to Article  51: paragraph (3).

Legislation: Food Safety (Jersey) Law  1966.

Delegate: Head of Health Protection Services or, in his absence, his

nominated deputy.

Function delegated: Article  59 – to obtain information as to the ownership of

premises to enable the Minister to perform any of its functions under the Law.

Scope of delegation: To require the occupier of any premises, and any person

who either directly or indirectly receives rent in respect of any premises, to state in writing the nature of his own interest in those premises and the name and address of any other person known to him as having an interest in those premises.

Function 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.

Article  31(3) – to determine whether the place where imported meat is to be conveyed is approved.

Scope of delegation: (a)  Approval  of  closed  containers  for  the  purpose  of

importing meat into the Island by ship according to paragraph  (1) of Article 31;

2. To  permit  meat  which  has  been  imported  in contravention of Article  31(1) to remain in the Island;
3. Approval of the places to which meat imported into the  Island  (in  accordance  with  paragraph  (1)  of Article  31) may be conveyed in unopened containers.

Authority is reserved to the Minister as follows – That it may direct (under Article  31(2) that meat imported in contravention of Article  31(1) shall be re-exported by and at the expense of the importer.

Legislation: Food Hygiene (General Provisions) (Jersey) Order 1967. Delegate: Head of Health Protection Services or, in his absence, his

nominated deputy.

Function delegated: Article 33(2) and (3) – to determine in

1. relation to any food premises or stall situated in a market,  whether  facilities  required  under  the provisions of Articles 17, 18, 19 or 21 of the Order are made available by the authority responsible for administration of the market;
2. respect of any food premises, stall or vehicle, whether by reason of restricted accommodation or other special circumstances it is reasonable to grant exemption in regard to certain requirements.

Scope of delegation: To grant a certificate of exemption according to the

provisions of Article  33, paragraphs (2) or (3) of the Order.

Authority is reserved to the Minister in respect of refusal of exemption, specification of a time period or withdrawal of exemption.

Function delegated: Article  3 – to keep a register of –

1. persons carrying on the trade of processing dairyman; and
2. premises which are used as processing dairies,

and  shall  remove  from  such  register  the  name  of  any person  who  ceases  so  to  trade  and  the  address  of  any premises which cease to be so used.

Article  4 – to determine whether it may be necessary and proper for the purposes of the Food Safety (Jersey)

Law  1966 and the above Order to cause inspections to be made of dairies and dairy farms, or persons in and about such places.

Legislation: Health Care (Registration) (Jersey) Law 1995.

Delegate: Head of Health Protection Services or, in his absence, his

nominated deputy.

Function delegated: Article  (3) – to  approve  registration  of  persons  in

registrable occupations.

Article  5(2) – if the application for annual registration is not  made  in  the  month  of  December,  the  name  of  the registered person be removed from the register.

Article  (9)(1) – to amend the register If any particulars appearing in the register in respect of the name, qualifications or address of a person are proved to be, or are to the knowledge erroneous in any respect.

Scope of delegation: To  approve  registrations  if  the  applicant  meets  the

conditions specified in Article  3(1)(a) or (b) or (c) or (d) of the Law.

To remove registrations if the applicant fails to meet the requirement specified in Article 5(2).

To amend the register as specified in Article 9(1).

Function delegated: Article  4(1) – to take such steps as are reasonably practical

to investigate a complaint of a statutory nuisance;

Article  4(2) – to cause inspections to be made to detect the presence or existence of a statutory nuisance in respect of which no complaint has been made;

Article 5(1):

– t o determine whether or not a statutory nuisance exists, or is likely to occur or recur;

– a nd where a statutory nuisance exists, or is likely to occur or recur, to determine the requirements of the abatement notice that must be served. The requirements may extend to the abatement of the nuisance, or prohibit or restrict the occurrence or recurrence, and the execution of such works and the taking of such other steps as may be necessary for any of those purposes. The requirements should also take into account whether or not the relevant circumstances described in Article 5(8) apply and, if so, whether a valid defence might be claimed that best practicable means were used to prevent or counteract the effects of the nuisance (Article 5(7)). Where reasonable alternative requirements are proposed (see Schedule 3), these may be accepted and the requirements of the notice may be varied or amended accordingly.

Article  5(4) – to decide whether or not to initiate proceedings for an offence under paragraph  (4) of Article  5.

Article  6(2)(b) – to determine that paragraph  (2)(b) of Article  6 should apply, in which case an abatement notice shall be served by fixing the notice to the relevant vehicle, machinery or equipment.

Article  7(4) – where an abatement notice has not been complied with, whether or not proceedings are taken for an offence under paragraph (4) of Article  5, to decide whether or not to abate the nuisance and do whatever may be necessary in the execution of the notice (subject to the limitation described below).

Article  11(5) – before a vehicle, machinery or equipment is entered, opened or removed under Article  11(1), to notify a police officer of its removal and current location.

Article  11(6) – after a vehicle, machinery or equipment has been removed under Article  11(1) or (3), to notify a police officer of its removal and current location.

Paragraph  10 of the Schedule to the Law – to determine whether the conditions described in paragraph  10 of the Schedule are fulfilled.

Scope of delegation: The delegation of functions does not extend to the

following matters that are reserved to the Minister:

Article  7(4) – a decision to abate a nuisance or do whatever may be necessary in the execution of the notice, where this may have significant resource consequences or other implications of a sensitive or contentious nature.

Article  7(5) – to decide whether or not to seek the recovery as a civil debt of any expenses reasonably incurred under Article  7(4).

Article  7(6) – to determine whether or not the circumstances described in this paragraph apply (i.e. an adequate remedy') and to initiate proceedings in the Court for the purpose of securing the abatement, prohibition or restriction of a nuisance.

Article  4(2) – the decision to refuse to register or renew the registration of a person or premises.

Article  10 – the revocation of a registration for a person and where that person is the only registered person at that premises, to revoke also the registration in respect of those premises.

Article  11 – where there is a proposal to refuse registration under Article  4 or revoke registration under Article  10, to notify the person concerned of the intention to do so and the reasons therefore.

Legislation: Nursing Agencies (Jersey) Law 1978.

Delegate: Head of Health Protection Services or, in his absence, his

nominated deputy.

Function delegated: Article  2(2) – to grant or renewal of licences only,

according to the provisions of the Law.

Scope of delegation: Delegated functions do not include authority to attach

conditions to the grant of a licence under Article  2(2); to refuse or revoke a licence under Article  2(4); or to hear an appeal under Article 2(5).

The delegate may – Article 6(2), (2A) and (3) –

6. apply such conditions as he may consider appropriate for the purposes specified in Article  6(2) and 6(2A);
7. vary or remove any conditions for the time being in force in respect of a home by virtue of Article  6 of the Law; or
8. impose an additional condition,

either on the application of a person registered in respect of it or without such an application.

The delegate may – Article  8(f) –

Cancel the registration of a person in respect of a home to which the Law applies at the request of that registered person.

Scope of delegation: Delegated authority does not extend to –

9. refusal of a registration (Article  7); cancellation of a registration (Article  8(1)(a), (b), (c), (d) or (e) or consideration of any objections or representations according to Article  9(5) of the 1994 Law.

(e) to serve a notice specifying proposals in regard to a number of persons or other conditions related to a registration, according to Article  7(2); and to issue a certificate according to Article  7(3).

Scope of delegation: Delegated functions do not extend to the authority to

consider any representations or appeals in regard to the conditions relating to a registration.

Legislation: Nursing and Residential Homes (Jersey) Law 1994;

Residential Homes (General Provisions) (Jersey) Order 1995: Article  20.

Delegate: Head of Health Protection Services or in his absence, his

nominated deputy.

Function delegated: Article  20 – to determine according to the Article that the

person registered has contravened or failed to comply with Article  6, 10, 11, 13, 14, 15, 16 or 19 of the Order.

Scope of delegation: To serve a Notice on the person registered specifying –

1. in what respect in its opinion the person registered has failed or is failing to comply with the requirements of that Article;
2. what action, the person registered should take so as to comply with that Article;
3. the period not exceeding 3  months, within which the person should take action.

to comply with that provision;

100. the action which should be taken by that person so as to comply with that provision; and
     4. the period within which such action should be taken.

Legislation: Ancillary Dental Workers (Jersey) Regulations 1974. Delegate: Head of Health Protection Services or, in his absence, his

nominated deputy.

Function delegated: Article  8 – to maintain a roll for each class of ancillary

dental worker, including the information specified in the Article.

Article  9 – to determine whether or not a person fulfils the requirements under the Article.

Scope of delegation: To enrol an applicant accordingly to Article 9;

To retain a name on the roll according to Article 10; To restore a name to the roll according to Article 11.

Legislation: Opticians (Registration) (Jersey) Law 1962.

Delegate: Head of Health Protection Services or, in his absence, his

nominated deputy.

Function delegated: Article  6 – to register companies under the Article. Legislation: Public Health (Vessels and Aircraft) (Jersey) Law 1950.

Delegate: Head of Health Protection Services or, in his absence, his

nominated deputy.

Function 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.

Legislation: Burials and Exhumations (Jersey) Law 2004.

Delegate: Head of Health Protection Services or, in his absence, his

nominated deputy.

Function delegated: Article  3(1) – to inspect any burial ground to ascertain

whether Regulations made under Article  2(3) have been complied with.

Legislation: International Health Regulations (2005).

Delegate: Head of Health Protection Services or, in his absence, his

nominated deputy.

Function delegated: Annexe 7 2(f)

– t o register General Medical Practices to operate as a designated Yellow Fever Vaccination Centre.

Legislation: Misuse of Drugs (Jersey) Law 1978.

Delegate: Medical Officer of Health or, in her absence, her deputy. Function delegated: Article  15(1) and (2) – to require a practitioner, 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.

12  months.

Legislation: Misuse of Drugs (Addicts) (Jersey) Order 1980.

Delegate: Medical Officer of Health or, in her absence, her deputy. Function delegated: Article  3 – to issue a licence under for a doctor to prescribe

controlled drugs or substances as specified in that Order to patients who have been statutorily notified under Article  2 of the same Order.

Scope of delegation: The delegation applies only –

• in  relation  to  a  person  for  whom  a  licence  has previously been issued by the Minister; and

• according to the same terms and in compliance with the same conditions as applied to the previous licence;

and

to permit issue of the licence for a period not exceeding

12  months.

Legislation: Drainage (Jersey) Law 2005.

Delegate: Head of Health Protection Services or, in his absence, his

nominated deputy.

Function 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 Minister's behalf, on work to be undertaken under Article  15(1) relating to the repair of sewers and drains.

SURGICAL SERVICES DIRECTORATE

Legislation: Termination of Pregnancy (Jersey) Law 1997.

Delegate: Directorate Manager, Surgery or, in his absence his nominated deputy. Function delegated: Article 6(2) and (3) – to authorise and to maintain a list of approved registered

medical practitioners who are authorised to carry out terminations of pregnancy accordance with the Law.

CHIEF PHARMACIST

Legislation: Misuse of Drugs (Jersey) Law 1978.

Delegate: Chief Pharmacist or nominated deputy.

Function 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 he deems 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.

Scope of delegation: Licences 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 are to be issued to cover one importation and/or exportation only (i.e. one return journey).

Legislation: Misuse of Drugs (Jersey) Law 1978.

Delegate: Chief Pharmacist or nominated deputy.

Function 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.

Legislation: Medicines (Jersey) Law 1995.

Delegate: Chief Pharmacist or nominated deputy.

Function 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).

Legislation: Pharmacy and Poisons (Jersey) Law 1952.

Delegate: Chief Pharmacist or nominated deputy.

Function delegated: Article  17(1) – to enter any registered premises, or the

premises on which any person whose name is entered in the list kept in pursuance of Article  11 carries on business, or any premises in which he or she has reasonable cause to suspect that a breach of the provisions of this Law or of any Order has been committed, and , in any such case, he or she shall have power to make such examination and enquiry and to do such other things (including the taking, on payment therefore, of samples) as may be necessary for ascertaining whether the provisions are being complied with.

Legislation: Medicines (Health Professionals – Exemption) (Jersey)

Order 2001.

Delegate: Chair of Health and Social Services Governance Board. Function 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 Social Services Department.

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

SOCIAL SERVICES DIRECTORATE CHILDREN (JERSEY) LAW 2002

Legislation: Children (Jersey) Law 2002.

Delegate: Directorate Manager, Social Services or nominated deputy. Function delegated: Article  9(1)(b) – for an Officer to prepare a report for the

court in Family proceedings.

Scope of delegation: To delegate the preparation of a report by an Officer or

such other person (other than a probation officer) as the Minister considers appropriate.

Legislation: Children (Jersey) Law 2002.

Delegate: Directorate Manager, Social Services or nominated deputy. Function delegated: Article  10(4)(c) – to grant permission for certain people to

apply for an Article  10 Order.

Legislation: Children (Jersey) Law 2002.

Delegate: Directorate Manager, Social Services or nominated deputy. Function delegated: Article  11(3)(a) – Permission for a foster parent to apply

for an Order under Article  10 of the Children (Jersey) Law 2002.

Legislation: Children (Jersey) Law 2002.

Delegate: Directorate Manager, Social Services or nominated deputy. Function delegated: Article  17 – to provide or not provide accommodation for

children in accordance with the conditions of Article  17.

Legislation: Children (Jersey) Law 2002.

Delegate: Directorate Manager, Social Services or nominated deputy. Function delegated: Article  18 – to provide accommodation for children kept

away form home under Part  5 of this Law or who are subject to Police Protection.

Legislation: Children (Jersey) Law 2002.

Delegate: Directorate Manager, Social Services or nominated deputy. Function delegated: Article  19 – to undertake the general duties in relation to

children subject to the provisions of the Article.

Legislation: Children (Jersey) Law 2002.

Delegate: Directorate Manager, Social Services or nominated deputy. Function delegated: Article  20 (1) and (2) – to provide accommodation and

maintenance for any child it looks after and make arrangements with respect to a child it is looking after in accordance with the Articles.

Article  20(4) – to arrange with the appropriate authority the care of that child not ordinarily resident.

looked after by the Minister, accommodated by a voluntary agency accommodated in a hospital or privately fostered.

Articles  21(4) and (5) – to give assistant such as a grant or contribute to expenses of any child it looked after' up to the age of 21 or beyond if the child reaches the age of 21 prior to the completion of the course.

Legislation: Children (Jersey) Law 2002.

Delegate: Directorate Manager, Social Services or nominated deputy. Function delegated: Article  22(1) – to keep looked after' children in secure

accommodation subject to the provisions of the Article.

Legislation: Children (Jersey) Law 2002.

Delegate: Directorate Manager, Social Services or nominated deputy. Function delegated: Article  24(1) – to apply to the Court for a Care or

Supervision Order.

Legislation: Children (Jersey) Law 2002.

Delegate: Directorate Manager, Social Services or nominated deputy. Function delegated: Article  26(1) – where a Care Order is in force to receive

and keep in its care a child and have parental responsibility for that child; and to determine the extent to which a parent may meet their parental responsibility.

a child in care should have with his parents in line with good practice and Orders from the courts.

Article  27(4) – to apply to the courts for a no contact' order under the terms of this Article and the Children (Contact) (Jersey) Regulations 2002.

Legislation: Children (Jersey) Law 2002.

Delegate: Directorate Manager, Social Services or nominated deputy. Function delegated: Article  29(1), (2) and (3) – under direction from the court

to undertake an investigation of a child's circumstances and consider whether it should provide certain services. If a Care Order or Supervision Order is not applied for to inform the Court of the Services the Children's Service intend to make available.

Legislation: Children (Jersey) Law 2002.

Delegate: Directorate Manager, Social Services or nominated deputy. Function delegated: Article  33(1) – to apply to the court for a variation or

discharge of Supervision or Care Orders.

Legislation: Children (Jersey) Law 2002.

Delegate: Directorate Manager, Social Services or nominated deputy. Function delegated: Article 36(1), (8) – to apply for a Child Assessment Order

subject to the provisions of the Article.

that access to a child whom enquires are to be made and to if necessary apply for an emergency protection order, a child assessment order, a care order or supervision order with respect to the child unless satisfied that his welfare can be satisfactorily safeguarded without its doing so.

Article  42(6) – to consider whether it would be appropriate to review the case at a later date ; and if so, determine date.

Legislation: Children (Jersey) Law 2002.

Delegate: Directorate Manager, Social Services or nominated deputy. Function delegated: Article  46(1) – to issue a certificate to a voluntary home or

foster parent to act as a refuge for children.

Legislation: Children (Jersey) Law 2002.

Delegate: Directorate Manager, Social Services or nominated deputy. Function delegated: Article  48(2) – to give notice to an employer of children

prohibiting him from employing the child or imposing restrictions on the employment.

Article  48(3) – to serve notice on an employer, parent or guardian of any child requiring that person to provide details of a child's employment.

Legislation: Children (Jersey) Law 2002.

Delegate: Directorate Manager, Social Services or nominated deputy. Function delegated: Article  50(1) and (2) – to grant a licence for children

taking part in performances subject to the provisions of the Article.

to be in writing.

Legislation: Children (Jersey) Law 2002.

Delegate: Directorate Manager, Social Services or nominated deputy. Function delegated: Article  53 – to enter any place and make enquiries if it

appears that there is reasonable cause to believe that the provisions of this Part, or an Order made thereunder, are being contravened with respect to any person.

Legislation: Children (Jersey) Law 2002.

Delegate: Directorate Manager, Social Services or nominated deputy. Function delegated: Article  54(4) and (5) – to grant or refuse to register a

Voluntary Home to receive children under 17 years of age.

Scope of delegation: To grant or refuse to register a Voluntary Home under the

terms of the Article and the Voluntary Homes Regulations 2002.

Legislation: Children (Jersey) Law 2002.

Delegate: Directorate Manager, Social Services or nominated deputy. Function delegated: Article  55(1) and (2) – to provide the applicant or person

carrying on the Home with notice of its intention where it is proposed to refuse or to register a Voluntary Home.

Legislation: Children (Jersey) Law 2002.

Delegate: Directorate Manager, Social Services or nominated deputy. Function delegated: Article  57(1) and (2) – to satisfy itself that any Voluntary

Home is satisfactory safeguarding and promoting the welfare of a child and actions to take where it is not satisfied.

Legislation: Children (Jersey) Law 2002.

Delegate: Directorate Manager, Social Services or nominated deputy. Function delegated: Article  59(6), (7), (8) – to request information as to the

whereabouts of a child who was privately fostered, to exempt person from complying with notices under

Article  59 (Private Fostering) for specified periods of time and for a person privately fostering to provide information set out under paragraph 8 regarding the child.

Legislation: Children (Jersey) Law 2002.

Delegate: Directorate Manager, Social Services or nominated deputy. Function delegated: Article  60(1) – to impose requirements on any person who

is privately fostering.

Article  60(3) – to prohibit a person from fostering a child or prohibit the use of any premises.

Article  60(4) – to cancel a prohibition order on a person or the use of any premises.

Legislation: Children (Jersey) Law 2002.

Delegate: Directorate Manager, Social Services or nominated deputy. Function delegated: Article  61(1) and (2) – to satisfy that the welfare of

privately fostered children is safeguarded and promoted by ensuring that child is visited from time to time; and if not satisfied take reasonable steps to secure alternative care and accommodation of the child.

Legislation: Children (Jersey) Law 2002.

Delegate: Directorate Manager, Social Services or nominated deputy. Function delegated: Article  77(2) – where a child is taken lawfully to another

part of the British Islands the Care Order will cease to have effect if the Officer has notified the court that it agrees to the above subject to the provisions of the Article.

CHILDREN LAW – SCHEDULES

Legislation: Children (Jersey) Law 2002.

Delegate: Directorate Manager, Social Services or nominated deputy. Function delegated: Article  15 and Schedule  1(12)–  Where a child lives with a

person as a result of a Residence Order the Department may make contributions to that person toward the cost of maintaining that child.

Legislation: Children (Jersey) Law 2002.

Delegate: Directorate Manager, Social Services or nominated deputy. Function delegated: Article  20 and Schedule  2, Part  1(2–) unless not

reasonable or consistent for the child, promote contact and provide the address of the child, and his parents, anyone with Parental responsibility, any relative, friend or other person connected with him subject to the provisions of the paragraph.

Legislation: Children (Jersey) Law 2002.

Delegate: Directorate Manager, Social Services or nominated deputy. Function delegated: Article  20 and Schedule  2, Part  1(3)(1–) to appoint an

Independent visitor where it appears it would be in the child's best interest.

Legislation: Children (Jersey) Law 2002.

Delegate: Directorate Manager, Social Services or nominated deputy. Function delegated: Article  20 and Schedule  2, Part  1(4)(1–) to assist children

in care to live outside the Island with the approval of the court.

Function delegated: Article  20 and Schedule  2, Part  1(5–) in the event of a

death of a child who is being looked after' and so far as it is reasonably practicable, inform the parents, and everyone who has parental responsibility of his; and with the consent if reasonably practical to obtain arrange for the burial or cremation of that child; and subject to the provisions recover any expenses incurred.

Legislation: Children (Jersey) Law 2002.

Delegate: Directorate Manager, Social Services or nominated deputy. Function delegated: Article  20 and Schedule  2, Part  2(6), (7–) to recover

contributions having made enquiries considered necessary to ascertain the contributor's means toward the child's maintenance for any child looking after' subject to the provisions of the paragraph.

Legislation: Children (Jersey) Law 2002.

Delegate: Directorate Manager, Social Services or nominated deputy. Function delegated: Article  20 and Schedule  2, Part  2(8–)

(1) – apply to the court for a contributions Order subject to the provisions of the paragraph;

5. – where  another contribution  order  is agreed, the court shall be notified of the agreement and the date which it took effect;
   6. – to vary or revoke a contribution order;
   7. – to specify such information as described in

paragraph  7(a) and (b) in proceedings for the variation of a contribution order.

Legislation: Children (Jersey) Law 2002.

Delegate: Directorate Manager, Social Services or nominated deputy. Function delegated: Article  20 and Schedule  2, Part  2(9–) to collect any

contribution for a child on behalf of another Authority in other part of the British Islands.

ADOPTION (JERSEY) LAW 1961

Legislation: Adoption (Jersey) Law 1961.

Delegate: Directorate Manager, Social Services or nominated deputy. Function delegated: Article 2(1) – to continue to maintain an Adoption Service

to meet the needs of infants who have or may be adopted, parents of such infants and persons who have or may adopt.

Legislation: Adoption (Jersey) Law 1961.

Delegate: Directorate Manager, Social Services or nominated deputy. Function delegated: Article  3 – to promote the welfare of infants by having

regard for all the circumstances of the welfare of the infant and so far as is practicable to ascertain their wishes and feelings.

Legislation: Adoption (Jersey) Law 1961.

Delegate: Directorate Manager, Social Services or nominated deputy. Function delegated: Article  4 – to have regards, so far as it is possible for the

wishes of the infant's parents and guardians as to the religious upbringing of the child.

Legislation: Adoption (Jersey) Law 1961.

Delegate: Directorate Manager, Social Services or nominated deputy. Function delegated: Article  5 – to use approved adoption societies for

placements if such an adoption cannot be placed in Jersey or Guernsey.

Legislation: Adoption (Jersey) Law 1961.

Delegate: Directorate Manager, Social Services or nominated deputy. Function delegated: Article  9 – to pay an allowance to the persons who have

adopted or intend to adopt if satisfied that such an adoption is not practicable without such a payment.

Legislation: Adoption (Jersey) Law 1961.

Delegate: Directorate Manager, Social Services or nominated deputy. Function delegated: Article  12(1) – to apply to the court for an order freeing