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States of Jersey Law 2005: delegation of functions – Economic Development – delegations to Assistant Ministers.

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STATES OF JERSEY

STATES OF JERSEY LAW 2005: DELEGATION OF FUNCTIONS ECONOMIC DEVELOPMENT DELEGATIONS TO ASSISTANT MINISTERS

Presented to the States on 29th January 2009 by the Minister for Economic Development

STATES GREFFE

REPORT

On 26th January  2009, the  Minister for  Economic  Development  made a decision delegating certain of  his functions under Article  28 of the States of Jersey Law 2005 in respect of the legislation as detailed below.

The terms of the delegations were recorded in Reports attached to 2 Ministerial Decisions (MD-E-2009-0010 and MD-E-2009-0011, available on the States of Jersey Government website) as follows

-----------------------------------------------------------------------------------------------------

Ref. MD-E-2009-0010

Introduction

Article  28 of the States of Jersey Law 2005 permits a Minister to 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.

It also states that the delegation of functions by a Minister under the Article shall not prevent the Minister exercising those functions personally.

In accordance with Article  28 of the States of Jersey Law 2005, the Minister for Economic Development, Senator Alan Maclean, hereby delegates the following powers and functions, including all other areas where the Minister would otherwise have to act and be advised, to his Assistant Ministers, Senator Paul Routier and Connétable Len Norman, as specified.

Airport

Regulation Delegated To:

Aerodromes (Administration) (Jersey) Law 1952 Senator Paul Routier Civil Aviation (Supplementary Provisions) (Jersey) Law Senator Paul Routier 1955

Airport Dues (Jersey) Law 1956 Senator Paul Routier

Orders In Council

Civil Aviation Act (Channel Islands) Order 1953 Senator Paul Routier Civil Aviation Act (Channel Islands) Order 1966 Senator Paul Routier Civil Aviation Act 1971 (Channel Islands) Order 1972 Senator Paul Routier Civil Aviation Act 1982 (Jersey) Order 1990 Senator Paul Routier Aviation Security (Jersey) Order 1993 Senator Paul Routier Air Navigation (Jersey) Order 2000 Senator Paul Routier Civil Aviation (Investigation of Air Accidents and Incidents) Senator Paul Routier (Jersey) Order 2000

Subordinate Enactments

Aerodromes (Jersey) Regulations 1965 Senator Paul Routier

Harbours

Regulation Delegated To: Public Finances (Jersey) Law 2005 Senator Paul Routier

in relation to the work of the Harbours

Public Finances (Jersey) Law 2005 Part 4

Standing Orders of the States of Jersey – 168 Senator Paul Routier Harbour and Light Dues (Jersey) Law 1947 Senator Paul Routier

Subordinate Enactments

Public Finances (Jersey) Law 2005 Senator Paul Routier in relation to the work of the Harbours

Public Finances (Transitional Provisions – States Trading

Operations) (Jersey) Regulations 2005

Harbours (Jersey) Regulations 1962, except: Regulation 1 Senator Paul Routier insofar as it relates to Territorial Waters, and Regulations 4, 5

and 6

Tariff of Harbour and Light Dues Senator Paul Routier Boats and Surf-Riding (Control) (Jersey) Regulations 1969, Senator Paul Routier Parts  1, 2, 3 and 6.

RUDL

Regulation Delegated To: Regulation of Undertakings and Development (Jersey) Law Connétable Len Norman

1973, Article  5

Regulation of Undertakings and Development (Jersey) Law Connétable Len Norman 1973, Article  6

Regulation of Undertakings and Development (Jersey) Law Connétable Len Norman 1973, Article  9

Hawkers and Non-Resident Traders' (Jersey) Law 1965 Connétable Len Norman

Ref. MD-E-2009-0011

  1. I n t roduction

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.

  1. 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.

  1. 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.

  1. R  ec ommendations

The Minister is recommended to –

(a) ap p rove the delegated functions listed in the attached schedule.

20th January 2009

1 Airport

2 Enterprise and Business Development

3 Finance Industry

4 Fisheries

5 Harbours and Shipping

6 Regulatory Services

7 Regulation of Undertakings and Development 8 Rural Economy

w: Function: Minister or Powers delegated to:

Assistant

Minister with

political

responsibility

for function:

 

RPORT

 

 

 

port Dues (Jersey) w 1956

The reduction or waiving of any class of any Airport Dues as set out in the current Airport Dues (Tariff) (Jersey) Order.

Senator Paul Routier

Airport Director

 Navigation (No.  2)

rsey) Order 1995, as

ended to Jersey with

difications by the Air vigation (Jersey)

der 2000

Article  118. Be an authorised person under the Law to act as Airport Director (when deputizing for the Airport Director).

Senator Paul Routier

Airport Director to deputize either Assistant Operations Director, Airport Finance & Commercial Director, Airport Terminal & Security Manager or Airport Operations Manager

 Navigation (Jersey) der 2000

Article 47. The authority to permit a helicopter to fly with a suspended load.

Article 48. The authority to permit the dropping of articles for public health or measurement of weather conditions; surface icing or oil pollution and the dropping of wind drift indicators for parachuting.

Article 49. The authority to permit parachute drops.

Article 76. The authority to permit the flying of balloons, kites, airships, gliders and parascending parachutes.

Article 76A. The authority to permit the flying of small aircraft such as used by the Jersey Model Aero Club, and to keep a register of the aircraft of the Club.

Article 90. The authority to grant an exemption for helicopters to fly from or to land at places other than Jersey Airport.

Article 116. The authority to exempt from the Air Navigation Order and the Rules of the Air made there under, certain persons, classes of persons, classes of aircraft and certain age groups and other users, such as model aircraft

Senator Paul Routier

Airport Director

owners, from any of the provisions of the Air Navigation Order other than Articles 72, 102, 103, 104, 105, all of which relate to the powers of the Secretary of State, or Article 117, which relates to the ability to appeal to the Royal Court.

nding Order 168


To make recommendations to the Senator Paul Airport Director Minister for Treasury and Routier

Resources, Assistant Minister or

Director of Property Holdings as

appropriate, under Standing Order

168 as a body established by the

States to manage land and

buildings owned by the public of

Jersey':

Any acquisition or disposal

of land or property on behalf of the public for a consideration of less than £150,000

Any grant or acceptance on

behalf of the public of any servitude or right in, on, over or under land by way of gift or for a sum of less than £50,000 or £12,500 a year

The letting on behalf of the

public to any person or body for a term certain of any land or property for a rent payable on commencement of less than £50,000 a year

The rent on behalf of the

public from any person or body for a term certain of any land or property for a rent payable on commencement of less than £50,000 a year; and

The renewal, extension or

variation of any lease where the value is less than £50,000 a year.

[Note: The approval of construction plans for non- contentious projects for projects below £250k has been delegated to the Accounting Officer under MD- TR-2006-0011]

TERPRISE AND

SINESS

VELOPMENT

erprise and Business Approval of grants in Senator Alan Director of Enterprise velopment Strategy Maclean & Business

accordance with the Minister Development or, in

approved Enterprise and his absence, the

Skills Strategy and Business Development Director of Business

plementation Plan Strategy and the Skills Creation & Growth Strategy and Implementation

Plan

Authority to enter into

annual service level agreements for the provision of services or products required to deliver the Enterprise and Business Development Strategy and the Skills Strategy.

NANCE

nancial Services Article 6 transfers to the Senator Alan The Jersey Financial mmission (Jersey) Law Commission the function of Maclean Services Commission.

8 supervising banks and other In practice, much of deposit-taking institutions under the manner in which

the Banking Business Law, the Commission insurance business under the carries out these Insurance Business Law and responsibilities is set collective investment funds and the out in the Financial

functionaries of such funds under Services (Jersey) Law the Collective Investment Funds 1998.

Law. In addition, the Article

charges the Commission (largely

acting through the registrar, a

Commission appointee) with

administering the Borrowing

Control Law, the Registration of

Business Names Law, the

Companies Law, the Limited

Partnerships Law and the Limited

Liability Partnerships Law.

SHERIES

 Fisheries (Jersey) To approve applications for Connétable Len Assistant Minister w 1994 Norman Chief Executive

exemptions for scientific Officer

purposes or the transplanting Director of

of fish (Article 5) Environment

To approve conditions to be Head of Fisheries & Marine Resources

included in licences

(Article 12)

To decide what information

is required to be provided by licence/permit holders (Article 12)

Where a licence is suspended or revoked, to decide whether

to authorise repayment of the

licence fee (Article  13)

 Fisheries To decide on applications for Connétable Len Assistant Minister iscellaneous Norman Chief Executive

visions) (Jersey) exemption from restrictions on Officer

gulations 1998 Ormers where the applicant Director of

wishes to conduct scientific Environment

work or transplanting Head of Fisheries & (Regulation  4) Marine Resources

To decide on applications for Assistant Minister Chief Executive

exemption from need for pot Officer

tags where the applicant Director Of

wishes to conduct scientific Environment

work (Regulation  8). Head of Fisheries &

Marine Resources

To issue and revoke permits Head of Fisheries & Marine Resources

to masters, owners and Senior Fisheries charterers of fishing boats Inspector exempting them from the need Fisheries Officer for pot tags and to set (Licensing) conditions and time limits for

such permits (Regulation  8)

To approve type of pot tag Assistant Minister Chief Executive

and lost pot tag Officer

(Regulation  8). Director Of

Environment

Head of Fisheries & Marine Resources

To set directions for the Assistant Minister Chief Executive

issue of pot tags and lost pot Officer

tags and to determine the year Director Of

or years for which pot tags Environment

and lost pot tags are valid Head of Fisheries & (Regulation  8) Marine Resources

To issue pot tags Head of Fisheries & Marine Resources

(Regulation  8) Senior Fisheries Inspector

Fisheries Officer (Licensing)

To issue lost pot tags Head of Fisheries & Marine Resources

(Regulation  8). Fishery officers and Fisheries Support

Officer

 Fisheries (Inshore To approve exemptions for beach Assistant Minister wling, Netting and set nets to be set in areas where Chief Executive dging) (Jersey) they would otherwise be Officer

gulations 2001 prohibited. Director of the

Environment

Head of Fisheries & Marine Resources

 Fisheries (Licensing To authorise the issue of licences Connétable Len Assistant Minister Fishing Boats) (Jersey) and permits (Part  2). Norman Chief Executive gulations 2003 Officer

Director of the Environment

Head of Fisheries & Marine Resources

 Fisheries To authorise certain Connétable Len Assistant Minister

derwater Fishing) Norman Chief Executive rsey) Regulations 2003 scientific or transplanting Officer

activities (Regulation 2). Director of the

Environment

To authorise the issuing of Head of Fisheries & permits, fishing periods, and Marine Resources

the provision of statistics

(Regulation  3)

RBOURS AND

IPPING

rbours (Jersey) To restrict access to harbours. The Senator Paul Harbour Master/ gulations 1962, Part  1 delegation does not extend to Routier Deputy Harbour

wers of Minister) actions concerning territorial Master gulation  1, paragraphs waters.

a), (2)(a) and (3))

rbours (Jersey) Action to be taken under Senator Paul Harbour Master/ gulations 1962, Part  3 Regulation  7(2) following failure Routier Deputy Harbour

ties of Master and of a master to carry out directions Master

ner) of the Harbour Master/ Deputy

Harbour Master requiring

movement of a vessel.

To conform to agreed Ministerial

policies and codes of practice.

rbours (Jersey) To authorise an officer to Senator Paul Harbour Master/ gulations 1962, Part  4 discharge the functions of Routier Deputy Harbour

ovisions governing inspection to ascertain whether the Master

hips bringing petroleum requirements of Parts  4

pirit into a harbour) and (Regulation  24) and  5

t  5 (Provisions (Regulation  35) of the Regulations

erning the are being carried out.

veyance, loading and Any professional fees required, or

unloading of explosives) provision of facilities, to be within

annual budget or agreed

contingency budget.

rbours (Jersey) gulations 1962, Part  8

neral)


Functions under Regulation  47 Senator Paul Harbour Master/ (Damage by vessels in harbour) Routier Deputy Harbour with respect to persons answerable Master

for any damage, and persons liable

to make good any such damage,

including power to detain a vessel

and obtain security for the amount

of damage done.

Valuation of cost to make good

damage to be based on

independent professional report.

rbours (Jersey) Giving permission under Senator Paul Harbours Chief gulations 1962, Part  8 Regulation  49(1) (a) through to 1 Routier Executive/

neral) (e) and 1(g) for any of the Commercial Director

following – fixing notices; use of

vessels as houseboats; use of

firearms; public address or

performance; soliciting or

collecting; lighting fireworks.

Any permission given to fall

within the scope of any policies or

codes of practice approved by the

Minister.

rbours (Jersey) Giving permission to engage in Senator Paul Harbours Chief gulations 1962, Part  8 any trade or business activity Routier Executive/

neral) under Regulation  49(1)(f) and the Commercial Director/

setting of any terms and conditions Director of Finance under Regulation  49(2).

Any permission given or

withdrawal of such permission to

fall within the scope of any

policies or codes of practice

approved by the Minister.

If the trade or business activity

involves the use of a harbour

facility or the provision of a

service then the permission must

fall within the scope of any

directions or requirements of the

Minister made under Regulation  6

(3), (4), (8) or (10).

ats and Surf-Riding To oversee the registration and Senator Paul Harbours Chief

ntrol) (Jersey) insurance procedures and the issue Routier Executive/ gulations 1969, Part  1 of certificates, concerning surf- Commercial Director

ovisions as to Surf- riding.

iding) Any fees required to be as stated in

the Regulation. The design of

forms certificates and discs to be

determined by the delegate.

Cancellation of the certificate to be

within the clearly stated

procedures of these Regulations.

ats and Surf-Riding To oversee the registration and Senator Paul Harbours Chief

ntrol) (Jersey) insurance procedures and the issue Routier Executive/ gulations 1969, Part  2 of certificates, concerning sail Commercial Director

gistration of Sail boards.

ards) Any fees required to be as stated in

the Regulation. The design of

forms, certificates and discs to be

determined by the delegate.

Cancellation of the certificate to be

within the clearly stated

procedures of these Regulations.

ats and Surf-Riding To oversee the registration Senator Paul Harbours Chief

ntrol) (Jersey) procedures and issue of certificates Routier Executive/ gulations 1969, Part  3, of registration for boats. Commercial Director

gistration of Boats) Any fees required to be as stated in

the Regulation. The design of forms and certificates to be determined by the delegate.

ats and Surf-Riding For boats to ply for hire (except Senator Paul Harbours Chief

ntrol) (Jersey) where operating from the beach). Routier Executive gulations 1969, Part  4, To grant a licence (Regulations 14

ntrol of Boats Plying and 15) and to revoke, suspend or

Hire) vary a licence (Regulations 16 and

17).

ats and Surf-Riding For passenger boats to ply for hire Senator Paul Harbours Chief

ntrol) (Jersey) between places in the Island: to Routier Executive gulations 1969, Part  5 grant a licence (Regulations 25 and

ntrol of Passenger 26) and to revoke, suspend, vary or

ats Plying for Hire refuse a licence (Regulations 27

) and 28).

Any fees required to be as stated in

the Regulation. The design of

forms and licences to be

determined by the delegate. Any

revocation, suspension or variation

of the licence to be within the

clearly stated procedures of these

Regulations and with due regard to

the advice of the Harbour Master/

Deputy Harbour Master.

ats and Surf-Riding To oversee the registration and Senator Paul Harbours Chief

ntrol) (Jersey) marking of speed boats and to Routier Executive/ gulations 1969, Part  6 issue the relevant certificate of Commercial Director

gistration and registration (Regulations 32, 33

rking of Speed Boats) and 34). To ensure compliance

with the insurance obligations of

the owner (Regulation 35).

Any fees required to be as stated in

the Regulation. The design of

forms to be determined by the

delegate. Cancellation of the

certificate to be within the clearly

stated procedures of these

Regulations.

Shipping (Tonnage) To appoint appropriately qualified, Senator Alan Registrar of Shipping

rsey) Regulations 2004 authorized measurers and Maclean

surveyors, as defined in

Regulation  1.

The Registrar shall only appoint

Measurers and Surveyors for the

purpose of their function under the

Tonnage Regulations.

Shipping (Fishing To grant exemptions from the Senator Alan Harbour Master/

sels – Safety requirement for safety training Maclean Deputy Harbour ining) (Jersey) Order under Article  4. Master

4 Exemption may apply to fishermen

operating vessels under 6  metres in

length and where they have

attended the approved alternative

training. Temporary exemptions

for those who have not attended

any approved training must be time-limited and dependent on there being on-board safety and emergency briefings.

Shipping (Survey and To issue a Passenger Certificate in Senator Alan Harbour Master/ tification) (No.  2) accordance with the associated UK Maclean Deputy Harbour

rsey) Order 2005 Regulation  11(a) and recognise Master

icle  1(2)(j), regarding equivalent UK certification in

 Regulation 11 accordance with the associated UK

Regulation  11(b).

The Harbour Master/ Deputy

Harbour Master shall only issue

and recognise certificates where

the appropriate survey or surveys

have been satisfactorily completed.

Shipping (Survey and To cancel a certificate issued to a Senator Alan Harbour Master/ tification) (No.  2) Jersey ship in accordance with the Maclean Deputy Harbour

rsey) Order 2005 associated UK Regulation  19(1) Master

icle  1(2)(q) regarding and to require the surrender of

 Regulation  19 such a certificate in accordance

with the associated UK

Regulation  19(2).

The Harbour Master/ Deputy

Harbour Master shall only cancel

or require surrender of such

certificates where the certificate

was issued on false or erroneous

information or since any survey

required by the associated

Regulations, the structure,

equipment or machinery has

sustained damage or is otherwise

deficient.

Shipping (Survey and To exempt individual ships from Senator Alan Harbour Master/ tification) (No.  2) the SOLAS Convention Maclean Deputy Harbour

rsey) Order 2005 requirements specified under Master

icle  1(2)(e) and (r) associated UK Regulation  21 as

arding UK amended by the Jersey Order.

gulations 2 and 21 Such exemptions are to be

temporary in nature and The

Minister is to be informed at the

earliest opportunity. The Harbour

Master/ Deputy Harbour Master

shall only act if he has also kept

the Compliance Manager informed

in accordance with the MoU

between Regulatory Services and

Jersey Harbours.

Shipping (Survey and To exempt, alter and cancel Senator Alan Harbour Master/ tification) (No.  2) exemptions concerning classes of Maclean Deputy Harbour

rsey) Order 2005 ships or individual ships in Master

icle  2(2)(m) regarding accordance with the associated UK

 Regulation  8 Regulation  8.

The Harbour Master/ Deputy

Harbour Master shall only act if he

has also kept the Maritime

Compliance Manager informed, in

accordance with the MOU between Regulatory Services and Jersey Harbours.

Shipping (Safety Codes) To accept equivalencies. Senator Alan Registrar of Shipping

rsey) Order 2005 The Registrar shall only accept Maclean

icle  5 equivalencies on having taken

advice from professional surveyors

appropriately appointed to oversee

the Jersey Code of Practice as

defined in Article  3 of the Order.

Shipping (Safety Codes) To grant exemptions. Senator Alan Registrar of Shipping

rsey) Order 2005 The Registrar shall only grant Maclean

icle  6 exemptions on having taken advice

from professional surveyors

appropriately appointed to oversee

the Jersey Code of Practice as

defined in Article  3 of the Order.

nding Order 168


To make recommendations to the Senator Paul Jersey Harbours Chief Minister for Treasury and Routier Executive

Resources, Assistant Minister or

Director of Property Holdings as

appropriate, under Standing Order

168 as a body established by the

States to manage land and

buildings owned by the public of

Jersey':

Any acquisition or disposal

of land or property on behalf of the public for a consideration of less than £150,000

[Note: The approval of construction plans for non- contentious projects for projects below £250k has been delegated to the Accounting Officer under MD- TR-2006-0011]

gulation  8J in Part  IIA The granting, renewal, cancellation Connétable Len The Licensing and he Gambling (Gaming and transfer of licences. Applicants Norman Regulation Manager

d Lotteries) (Jersey) must already be in possession of a or the Director of gulations 1965 bookmaker's licence and have Regulatory Services undergone a fit and proper or Legal &

person' test, the application must Intelligence Manager be in the correct form and or Technical & accompanied by the requisite fee. Compliance Manager

mbling (Licensing

visions) (Jersey) gulations 1965


In pursuance of paragraph  (13) of Regulation  6 of the Regulations, the authority to approve the appointment of a person to act as manager of a licensed betting or credit betting office, on the condition that the person was fit and proper to carry on the licence, subject to appropriate background


Connétable Len The Licensing and Norman Regulation Manager

or the Director of Regulatory Services or Legal & Intelligence Manager or Technical & Compliance Manager

reports.

mbling (Licensing In accordance with paragraph (15), Connétable Len The Licensing and visions) (Jersey) to approve the appointment of an Norman Regulation Manager

gulations 1965, officer where a body corporate is or the Director of gulation  6 the holder of a licence. Regulatory Services or Legal &

In accordance with paragraph (16), Intelligence Manager to approve any change to the lay- or Technical &

out of the premises to which a Compliance Manager current amusement premises

licence, track licence or betting

office licence (other than a credit

betting office licence) relates,

which affects the means of access

thereto.

mbling (Channel To approve the signing of lottery Connétable Len The Regulation and nds Lottery) (Jersey) contracts issued to Main Agents Norman Licensing Manager or

gulations 1975, for each lottery game or draw. the Director of gulation  9 Regulatory Services

or Legal & Intelligence Manager or Technical &

Compliance Manager

urism (Jersey) Law Approval of Registrations where Senator Alan Director of

8 all required standards are met. Maclean Regulatory Services Approval of Transfers and or Hospitality &

Managements where all Leisure Manager or, requirements are met. in her absence, the

Director of Enterprise

& Business Development of the Economic Development Department.

ensing (Jersey) Law Attend at all Assemblies on behalf Senator Alan Director of

4 of the Minister and answer on any Maclean Regulatory Services

matter the Assembly requests. The or Hospitality & Assembly will not grant any Leisure Manager or, application regarding Tourism in her absence, the registered premises unless the Director of Enterprise Minister has previously approved & Business

all matters. Development of the

Economic Development Department.

ces of Refreshment Approval of all Registrations Senator Alan Director of

rsey) Law 1967 where all required standards are Maclean Regulatory Services

met. or Hospitality & Approval of Transfers and Leisure Manager or, Managements where all in her absence, the requirements are met. Director of Enterprise

& Business Development of the Economic Development Department

licing of Beaches Approval of any element within Senator Alan Director of

rsey) Regulations 1959 the legislation where requirements Maclean Regulatory Services are met. or Hospitality &

(Note:  I n the past, two members Leisure Manager or, of the Committee were in her absence, the

asked to oversee the Director of Enterprise approval of new & Business Concessionaires so that Development of the the process is transparent) Economic Development

Department

Shipping (Tonnage) To appoint appropriately qualified Senator Alan Registrar of Shipping

rsey) Regulations 2004 authorized measurers and Maclean

surveyors, as defined in

Regulation  1.

The Registrar shall only appoint

the said measurers and surveyors

for the purpose of their functions

under the Tonnage Regulations.

GULATION OF

DERTAKINGS

gulation of Article  5 – to determine the form Connétable Len Director, Population ndertakings and of application and contain or be Norman Office or Senior

velopment (Jersey) accompanied by such particulars as Manager, Business w 1973 the Minister may require. Assessment and Licensing.

gulation of ndertakings and

velopment (Jersey)

w 1973


Article  6(1) – to grant a licence either unconditionally or subject to such conditions as considered appropriate or, refuse to grant a licence.

Article  6(2) – in deciding whether to grant a licence, to impose conditions, or to refuse to grant a licence to have regard to –


Connétable Len Chief Officer EDD, Norman Director, Population

Office, or other Population Office Officer as instructed

by the Director, Population Office, in accordance with internal guidance.

  1. to the need to regulate and manage demandon the resources of Jersey, and to protect the integrity of Jersey in commercial and financial matters; and
  2. to the provisions of the Competition (Jersey) Law 2005 and to the decisions and directions of the Jersey Competition Regulatory Authority made or given under that Law.

Article  6(4) – to state in writing the reasons for a decision that refused a licence or attached any condition to that licence. Article 6(5) and (6) – to revoke a licence if satisfied that –

  1. any information furnished in connection with the application for the licence was false or misleading in a material particular; or
  2. there has been a failure to comply with any condition subject to which the licence was granted.

A licence shall not be revoked unless not less than 14 days' notice has been given in writing of the intention so to do and a statement in writing of the reasons for so doing.

The delegations as outlined above will only be exercised where the licence relates to 15 or less permanent locally qualified members of staff, and/or 5 or less permanent non-locally qualified staff, as these terms are defined in the published "General Statement of Policy (2008) in relation to: Regulation of Undertakings and Developments (Jersey) Law (RUDL')".

The delegations as outlined above will normally only be exercised in accordance with the published practise note: "Practise Note: Delegated Decisions – Regulation of Undertakings and Development (Jersey) Law (RUDL')".

gulation of Article  9(1) – to authorise any Connétable Len Director, Population ndertakings and persons – at all reasonable times, Norman Office or Senior

velopment (Jersey) on the production if so required of Manager, Business w 1973 evidence of the person's authority, Assessment and enter on any land and make such Licensing

enquiries, take such measurements

and require the production of such

documents, as the person thinks

necessary in order to ensure that

the provisions of this Law are

being complied with.

wkers and Non- To grant, register, revoke, suspend, Connétable Len The Parish of

ident Traders (Jersey) and vary a licence, and to appoint Norman St.  Helier carries out w 1965 other authorities, and publish as this function on behalf such, as required under the Law. of the Minister.

RAL

ricultural Returns The collecting and collating of Connétable Len Director of the rsey) Law 1947 agriculture and fisheries statistics. Norman Environment or

Assistant Director, Environmental Management and Rural Economy

riculture (Loans and Applications for new loans and arantees) (Jersey) Law deferments and general

4 administration of the Scheme is

carried out at Officer level (Rural Economy and Treasury and Resources).


Connétable Len The Finance Director Norman is delegated to take

appropriate action with borrowers who are in arrears with repayments.

Subordinate legislation The Agriculture Loans Board does Connétable Len The Minister will

riculture (Loans) not now exist, but Norman continue to consider rsey) Regulations 1974 recommendations could be made cases only where a

to the Minister from the Director formal decision is

of the Rural Economy. This would required to give the only be for deferments as the Law Officers

scheme is no longer available for instructions to carry new loans. out certain functions,

i.e. registering of new loans, changes in security and legal action.

ricultural Marketing Administration of all subordinate Connétable Len Director of the rsey) Law 1953 legislation. Norman Environment or

Assistant Director, Subordinate legislation Environmental

Milk Marketing Management and Rural Economy

Scheme (Approval)

(Jersey) Act 1954

Milk Marketing

(Registration of Producers) (Jersey) Order 1954

Milk Marketing

(Polls) (Jersey) Order 1954

Sale of Milk

(Jersey) Order 1961 Maincrop Potato

Marketing Scheme (Approval) (Jersey) Act 1968

Maincrop Potato

Marketing (Registration of Producers) (Jersey) Order 1968

Maincrop Potato

Marketing (Polls) (Jersey) Order 1968