States Assembly | R-20-2012

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STATES OF JERSEY

STATES OF JERSEY LAW 2005: DELEGATION OF FUNCTIONS – ECONOMIC DEVELOPMENT –

FINANCIAL AUTHORITIES FOR

JERSEY HARBOURS

AND JERSEY AIRPORT

Presented to the States on 10th February 2012 by the Minister for Economic Development

STATES GREFFE

2012 Price code: A R.20

2 REPORT

On 9th February 2012, the Minister for Economic Development made a Ministerial Decision delegating certain of his functions under Article 28 of the States of Jersey Law 2005 (MD-E-2012-0009, 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 –

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Article 28 of the States of Jersey Law 2005 permits a Minister to delegate, wholly or partly, functions to an Assistant Minister or an officer.

The Law states, inter alia –

"28 Power of Minister to delegate functions

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 –

one of his or her Assistant Ministers;
an officer.

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

Legislation:	Public Finances (Jersey) Law 2005.
Delegate:	Group Chief Executive Officer.
Function delegated:	Approve the Department's Authorised Signature schedule and approved expenditure limits, conditional on them being within pre-authorised limits specified below.

Legislation:	Public Finances (Jersey) Law 2005.
Delegate:	Group Chief Executive Officer.
Function delegated:	Accept tenders not exceeding £200,000 Signing formal contracts and forms of engagement not exceeding £200,000

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	Place and accept orders, and approve invoices, not exceeding £200,000 Appointment of consultants, contract not exceeding £200,000 Writing off of income, not exceeding £25,000.
Scope of delegation:	By any formal documentation. As part of the Department quarterly reporting mechanism, the Minister will receive a report showing the number of contracts, their form, and value.

Legislation:	Public Finances (Jersey) Law 2005.
Delegate:	Group Finance and Business Resource Director Group Commercial Director Group Infrastructure Director Group Operations Director Group Operating Officer – Aviation.
Function delegated:	Accept tenders not exceeding £25,000 Signing formal contracts and forms of engagement not exceeding £25,000 Place and accept orders, and approve invoices, not exceeding £25,000 Appointment of consultants, contract not exceeding £25,000.
Scope of delegation:	By any formal documentation. As part of the Department quarterly reporting mechanism, the Minister will receive a report showing the number of contracts, their form, and value.

R.20/2012

States of Jersey Law 2005: Delegation of Functions - Economic Development - Financial Authorities for Jersey Harbours and Jersey Airport