States of Jersey Law 2005: delegation of functions – Home Affairs – revised delegations February 2012.

Legislation:

Explosives (Jersey) Law 1970.

Delegate:

Chief Officer, Home Affairs Department.

Function delegated:

Issuing of licences under this piece of legislation.

Scope of delegation:

Notification  to  be  submitted  to  the  Minister  for  Home Affairs at the earliest opportunity.

Legislation:

Firearms (Jersey) Law 2000.

Delegate:

Chief Officer, Home Affairs Department.

Function delegated:

Responsibility  for  signing  certificates  of  registration  as firearms dealers.

Scope of delegation:

The  issue  of  certificates  under  a  Ministerial  decision  to authorise the Firearms dealer applicants.

Legislation:

Public Finances (Jersey) Law 2005.

Delegate:

Accounting Officers.

Function delegated:

Compliance  with  all  Finance  Directions  issued  under Article 34 of the Public Finances (Jersey) Law 2005 where they relate to the finances or operations of the Department and States of Jersey Police.

Scope of delegation:

To enable compliance with all Finance Directions and to ensure specific requirements contained within each of the Financial  Directions  are  delegated  to  the  Chief  Officers and/or Finance Director.

Legislation:

Public Finances (Jersey) Law 2005.

Delegate:

Accounting Officers; Finance Director.

Function delegated:

Approve the Department's authorised signature schedule and approved expenditure limits, conditional upon them being within pre-authorised limits.

Scope of delegation:

To reduce the administrative burden on the Minister.

Legislation:

Public Finances (Jersey) Law 2005.

Delegate:

Accounting Officers; Service Heads.

Function delegated:

Accept Tenders not exceeding £250,000.

Scope of delegation:

To reduce the administrative burden on the Minister. As part of  the  Departmental  quarterly  reporting  mechanism,  the Minister will receive a report showing the details of any tenders accepted up to the value of £250,000.

Legislation:

Public Finances (Jersey) Law 2005.

Delegate:

Accounting Officers; Service Heads.

Function delegated:

Responsibility  for  signing  formal  contracts  and  forms  of engagement,  and  appointment  of  consultants  up  to  their allocated financial authorisations.

Scope of delegation:

To reduce the administrative burden on the Minister. As part of  the  Departmental  quarterly  reporting  mechanism,  the Minister  will  receive  a  report  showing  the  number  of contracts, their form and contract value.

Legislation:

Public Finances (Jersey) Law 2005.

Delegate:

Accounting Officers; Finance Director.

Function delegated:

Authorisation of non-contentious budget transfers up to the value of £250,000.

Scope of delegation:

To reduce the administrative burden on the Minister.

Legislation:

Immigration (Work Permits) (Jersey) Rules 1995.

Delegate:

The  Head  of  the  Customs  and  Immigration  Service  or, deputising for him, the Director of Legal Status and Revenue or  the  Assistant  Director  of  Immigration  Casework  and Nationality.

Function delegated:

The consideration of applications for work permits under the Immigration (Work Permits) (Jersey) Rules 1995, and their approval or rejection.

Scope of delegation:

The issue of work permits to persons who do not have the right of abode in the Bailiwick.

Legislation:

Customs and Excise (Import and Export Control) (Jersey) Order 2006.

Delegate:

Agent  of  the  Impôts  (the  Head  of  the  Customs  and Immigration Service).

Function delegated:

The power to grant a licence to import and/or export goods under  Article 4  of  the  Customs  and  Excise  (Import  and Export Control) (Jersey) Order 2006.

Scope of delegation:

This controls imports and/or exports by setting a licensing regime for restricted goods.

Legislation:

Fire Precautions (Jersey) Law 1977.

Delegate:

The Chief Fire Officer or, in his absence, the Deputy Chief Fire Officer in temporary command of the Service, or the Senior Fire Safety Officer.

Function delegated:

The issuing of fire certificates under the Fire Precautions (Jersey) Law 1977.

Scope of delegation:

Notification  to  be  submitted  to  the  Minister  for  Home Affairs at the earliest opportunity.

Legislation:

Fire Precautions (Jersey) Law 1977.

Delegate:

Chief  Fire  Officer  or,  in  his  absence,   Deputy  Chief  Fire Officer in temporary command of the Service.

Function delegated:

Power to prohibit or restrict the use of premises in cases of excessive risk, under Article 9 of the Law.

Scope of delegation:

Notification of any prohibition or restriction to be notified to the Minister for Home Affairs as soon as possible.

Legislation:

Petroleum (Jersey) Law 1984.

Delegate:

The Chief Fire Officer or, in his absence, the Deputy Chief Fire Officer in temporary command of the Service, or the Senior Fire Safety Officer.

Function delegated:

Issuing of Petroleum licences under this piece of legislation.

Scope of delegation:

Notification  to  be  submitted  to  the  Minister  for  Home Affairs at the earliest opportunity.

Legislation:

Explosives (Jersey) Law 1970.

Delegate:

The Chief Fire Officer or, in his absence, the Deputy Chief Fire Officer in temporary command of the Service, or the Senior Fire Safety Officer.

Function delegated:

Issuing of Pyrotechnics (fireworks) import licences under this piece of legislation.

Scope of delegation:

Notification  to  be  submitted  to  the  Minister  for  Home Affairs at the earliest opportunity.

Legislation:

Fire Service (Jersey) Law 1959.

Delegate:

The Chief Fire Officer or, in his absence, the Deputy Chief Fire Officer in temporary command of the Service.

Function delegated:

The power to make an agreement with another fire authority, under Article 5 of the Law, whereby there will, on request, be  placed  at  the  Minister's  disposal,  members  of  that authority's fire brigade for the purpose of enabling the Fire Service to meet any special demands on its services.

Scope of delegation:

Notification of agreement to be submitted to Minister for Home Affairs as soon as possible.

Legislation:

Fire Service (Jersey) Law 1959.

Delegate:

Chief Fire Officer.

Function delegated:

Determination of the scale of charges for the employment of Fire  Service  personnel  and  equipment  for  purposes  other than firefighting, under Article 6(c) of the Law.

Scope of delegation:

Notification of  the  scale of  charges  to  be  advised to the Minister for Home Affairs as soon as practicable.

Legislation:

Marriage and Civil Status (Jersey) Law 2001.

Delegate:

Chief  Officer,  Home  Affairs  Department,  in  the  case  of registers  kept  by  the  Superintendent  Registrar;  and  the Superintendent Registrar in the case of registers kept by the parish registrars.

Function delegated:

Inspection of registers kept by the registrars every 5 years in accordance with Article 75 of the Law.

Legislation:

Police Force (Jersey) Law 1974.

Delegate:

The Chief Officer, States of Jersey Police, or in his absence, the Deputy Chief Officer.

Function delegated:

The  power,  under  Article 3(5)  of  the  Law  to  make  an agreement  with  a  Police  Force  in  any  other  part  of  the British Islands for members of that Force to be placed at the disposal  of  the  Minister  for  the  purpose  of  enabling  the Force to meet any special demand on its resources.

Scope of delegation:

During any period of duty in the Island, those officers placed at the disposal of the Minister would carry out the duties and possess the powers and privileges of a Jersey Police Officer. Notification of any agreement to be submitted as soon as possible to the Minister for Home Affairs.

Legislation:

Police Force (General Provisions) (Jersey) Order 1974.

Delegate:

The Chief Officer, States of Jersey Police or, in his absence, the Deputy Chief Officer.

Function delegated:

The power under Article 4 of the Order to extend, reduce or dispense  with  the  2 year  period  of  probation  for  police constables.

Legislation:

Police Force (General Provisions) (Jersey) Order 1974.

Delegate:

The Chief Officer, States of Jersey Police or, in his absence, the Deputy Chief Officer.

Function delegated:

The appointment of candidates to the States of Jersey Police Force  under  Article 2  of  the  Order;  and  the  making  of promotions  both  temporary  and  permanent,  up  to  and including the rank of Chief Inspector under Article 5(1) of the Order.

Scope of delegation:

Notification of appointments and promotions to be submitted to the Minister for Home Affairs as soon as practicable.

Legislation:

Firearms (Jersey) Law 2000.

Delegate:

Chief Officer, States of Jersey Police.

Function delegated:

Responsibility  for  signing  permits  for  possession  of  a firearm  or  ammunition  for  sporting  purposes  under Article 14(8) of the Law.

Legislation:

Prison (Jersey) Rules 2007.

Delegate:

Prison  Governor  or,  in  his  absence,  the   Deputy  Prison Governor.

Function delegated:

The power under Rule 63 to grant a prisoner remission of a portion of their term of imprisonment, not exceeding one third of the whole, on the grounds of their industry and good conduct.

Scope of delegation:

The remission of a portion of the term of imprisonment shall not reduce the term to less than 5 days.

Legislation:

Prison (Jersey) Rules 2007.

Delegate:

Prison  Governor  or,  in  his  absence,  the   Deputy  Prison Governor.

Function delegated:

The  power  under  Rule 64  to  grant  a  prisoner  temporary release from La Moye Prison, to enable them to engage in employment or receive training, or in other circumstances as approved by the Minister for Home Affairs; and to recall them to Prison.

Scope of delegation:

Notification  to  be  submitted  to  the  Minister  for  Home Affairs at the earliest opportunity.

Legislation:

Prison (Jersey) Rules 2007.

Delegate:

Prison  Governor  or,  in  his  absence,  the   Deputy  Prison Governor.

Function delegated:

The  power  under  Rule 64  to  grant  a  prisoner  temporary release for compassionate reasons away from Jersey.

Scope of delegation:

Notification  to  be  submitted  to  the  Minister  for  Home Affairs at the earliest opportunity.

Legislation:

Criminal Justice (Young Offenders) (Jersey) Law 1994.

Delegate:

Prison  Governor  or,  in  his  absence,  the   Deputy  Prison Governor.

Function delegated:

The determination of supervision requirements, on release from  custody,  of  young  offenders  in  accordance  with Article 10 of the Law.

Scope of delegation:

Notification  to  be  submitted  to  the  Minister  for  Home Affairs at the earliest opportunity.

Legislation:

Prison (Jersey) Rules 2007, Rule 67.

Delegate:

Assistant Minister for Home Affairs.

Function delegated:

The power to extend the order removing a prisoner from associating with other prisoners as prescribed by the Prison Governor, or to renew the order as prescribed by the Prison Governor.

Scope of delegation:

Notification  to  be  submitted  to  the  Minister  for  Home Affairs at the earliest opportunity.

Legislation:

Prison (Jersey) Rules 2007, Rule 71(3)(b).

Delegate:

Assistant Minister for Home Affairs.

Function delegated:

The power to extend the period of restraint for a prisoner in writing for more than 24 hours.

Scope of delegation:

Notification  to  be  submitted  to  the  Minister  for  Home Affairs at the earliest opportunity.

Legislation:

Prison (Jersey) Rules 2007, Rule 82(3).

Delegate:

Assistant Minister for Home Affairs.

Function delegated:

The  power  to  give  written  authority  for  Removal  from Association,  pending  the  preparation  of  a  report  under Rule 81, and to renew that authority month by month.

Scope of delegation:

Notification  to  be  submitted  to  the  Minister  for  Home Affairs at the earliest opportunity.

Legislation:

Prison (Jersey) Rules 2007, Rule 100(3).

Delegate:

Assistant Minister for Home Affairs.

Function delegated:

The power to consider and respond to complaints received within the stipulated time period.

Scope of delegation:

Notification  to  be  submitted  to  the  Minister  for  Home Affairs at the earliest opportunity.

Legislation:

Prison (Jersey) Rules 2007, Rule 101(5).

Delegate:

Assistant Minister for Home Affairs.

Function delegated:

The power to consider and respond to complaints against the Prison Governor within the stipulated time period.

Scope of delegation:

Notification  to  be  submitted  to  the  Minister  for  Home Affairs at the earliest opportunity.