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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
- I n t roduction
Article 28 of the States of Jersey Law 2005 enables a Minister to delegate functions –
- 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.
- 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.
- 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.
- 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.
- 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
- 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 –
- any information furnished in connection with the application for the licence was false or misleading in a material particular; or
- 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