States of Jersey Law 2005: Delegation of Functions - Education, Sport and Culture - Revised Delegations February 2012

STATES OF JERSEY

STATES OF JERSEY LAW 2005: DELEGATION OF FUNCTIONS – EDUCATION, SPORT AND CULTURE – REVISED DELEGATIONS

FEBRUARY 2012

Presented to the States on 13th February 2012 by the Minister for Education, Sport and Culture

STATES GREFFE

2012   Price code: B  R.21

REPORT

On  30th  January  2012,  the  Minister  for  Education,  Sport  and  Culture  made  a Ministerial Decision delegating certain of his functions under Article 28 of the States of Jersey Law 2005 (MD-ESC-2012-0002, 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

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.

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

Background

The delegation of authority in respect of a significant number of administrative areas is intended to release the Minister from potentially time-consuming business, thus enabling him to focus on  matters of policy and governance with the freedom to establish framework and review administrative decisions as appropriate.

Areas of delegated authority

The attached Schedule identifies items for which Ministerial Decisions are necessary, and those which may be delegated to the Director.

The level of proposed authority for each item presumes that –

1. decisions made under delegated authority will be made in accordance with existing policies already approved by the Minister or the Education, Sport and Culture Committee as formerly constituted;
2. decisions made under delegated authority and marked by [R] in the Schedule shall be reported to the Minister at the earliest opportunity;
3. decisions, which may be made within existing policies but which may prove to be contentious, will be referred to the Minister as necessary; and
4. decisions on issues which fall outside or are not covered by existing policies, will  be  referred to the  Minister for  approval,  in which  circumstances  the decision would be reflected in all similar circumstances.

In accordance with the requirement in Article 30 of the States of Jersey Law 2005, the Minister is presenting this Report to the States for the information of States members and the public.

The areas of delegated authority are detailed in the attached Schedule.

APPENDIX

Schedule of Delegated Functions – January 2012 Education, Sport and Culture RESPONSIBILITY FOR FUNCTIONS

• MINISTER   DIRECTOR

2. SERVICE MANAGEMENT  
   • 1.1  Service Development  
     • (a)  Review and publication of achievements   R  
       • (b)  Transfer of functions to other Ministries    
         • 1.2  Strategic and Business Planning  
           • (a)  Approval of Strategic Plans    
             • (b)  Approval of Business Plans   R  
               • 1.3  Revenue Budgets*   (a)  Approval of cash limit submissions     (b)  Acceptance of Cash Limit     (c)  Approval of budgets   R  

(d)  Approval of transfers including GAAP  R

• adjustments  
  • (e)  Approval of quarterly reports   R  
    • (f)  Approval of final accounts   R  
• (g)  Review of Audit Committee reports   R  
  • 1.4  Capital Budgets*  

(a)  Approval of Capital Programme bid  

• submissions  
  • (b)  Approval of Capital Programme    
• (c)  Minor Capital Allocations  

• 1.5  Health and Safety  
  • (a)  Approval of Policy    
    • (b)  Approval of Arrangements  
      • 1.6  Schools and Colleges  
        • (a)  Approval of policies    
          • (b)  Determination of procedures  
            • (c)  Approval of publication of reports   R