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States of Jersey Law 2005: delegation of functions – Deeds of Assignment on behalf of the States of Jersey under the Tem

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STATES OF JERSEY

STATES OF JERSEY LAW 2005: DELEGATION OF FUNCTIONS – DEEDS OF ASSIGNMENT ON BEHALF OF THE STATES OF JERSEY UNDER THE TEMPORARY INSOLVENCY PAYMENTS SCHEME

Presented to the States on 8th June 2009 by the Minister for Social Security

STATES GREFFE

2009   Price code: A  R.58

2 REPORT

Under Article 28 of the States of Jersey Law 2005 a Minister may delegate, wholly or partly, functions to an Assistant Minister. On 3rd June 2009, the Minister for Social Security made a Ministerial Decision (MD-S-2009-0032, 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 presented to the States on 29th April 2009 under MD-S-2009-0017).

The terms of the delegation, and the legislation under which that delegation is made, are recorded 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 –

  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.
  2. The delegation of functions by a Minister under this Article shall not prevent the Minister exercising those functions personally."

Delegation

During the Minister's absence from the Island from 4th to 25th June 2009 and 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 his Assistant Minister, Deputy A.E. Jeune of St. Brelade .

R.58/2009