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States of Jersey Law 2005: delegated functions – Social Security.

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STATES OF JERSEY

STATES OF JERSEY LAW 2005: DELEGATION OF FUNCTIONS – SOCIAL SECURITY

Presented to the States on 17th December 2009 by the Minister for Social Security

STATES GREFFE

2009   Price code: A  R.140

2 REPORT

On 15th December 2009, the Minister for Social Security made a Ministerial Decision (MD-S-2009-0072), available at www.gov.je) delegating his authority to sign Deeds of Assignment on behalf of the States of Jersey under the provisions of the Report: "Insolvency: Temporary Scheme for compensatory Payment in lieu of statutory period of notice on termination of employment" (R.44/2009) (MD-S-2009-0017, 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 –

------------------------------------------------------------------------------------------------------- Introduction

Article 28 of the States of Jersey Law 2005 permits a Minister to delegate, wholly or partly, functions to an officer.

The Law states that –

"(1)  A Minister may delegate, wholly or partly, functions conferred upon

or vested in the Minister by or under this Law or any other enactment or any enactment of the United Kingdom having effect in Jersey, to –

  1. one of his or her Assistant Ministers;
  2. an officer.
  1. A Minister shall not delegate –
  1. any power to make an enactment;
  2. any power to decide an appeal under an enactment;
  3. any  function  the  delegation  of  which  is  prohibited  by  an enactment.
  1. The delegation of functions by a Minister under this Article shall not prevent the Minister exercising those functions personally."

Delegation

In accordance with Article 28 of the States of Jersey Law 2005, the Minister for Social Security delegates his powers to sign Deeds of Assignment on behalf of the States of Jersey under the Temporary Insolvency Payments Scheme to the Chief Officer of the Social Security Department, Mr. Richard Bell.

R.140/2009