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STATES OF JERSEY
STATES OF JERSEY LAW 2005: DELEGATION OF FUNCTIONS – ASSISTANT MINISTER FOR
HOME AFFAIRS
Presented to the States on 2nd March 2009 by the Minister for Home Affairs
STATES GREFFE
REPORT
On 26th February 2009, the Minister for Home Affairs made a Ministerial Decision delegating certain of his functions under Article 28 of the States of Jersey Law 2005 (MD-HA-2009-0014, 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 Assistant Minister.
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 –
- o neof his orherAssistantMinisters;
- a n officer.
- A Minister shallnotdelegate –
- a ny power to make an enactment;
- a ny power to decidean appeal under an enactment;
- a ny function the delegation ofwhichis prohibited by an enactment.
- T he delegation of functions by a Minister under this Article shallnot prevent the Minister exercising those functions personally."
Delegation
In case of his absence or unavailability due to illness and in accordance with Article 28 of the States of Jersey Law 2005, the Minister for Home Affairs, Senator B.I. Le Marquand, delegates his powers and functions, including all other areas where the Minister would otherwise have to act and be advised, to his Assistant Minister, Deputy J.A. Hilton of St. Helier.